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"content": "\u003cp>As COVID-19 cases continue to rise inside \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\">state and federal prisons\u003c/a> across the United States, increasing attention is being drawn to the conditions inside those facilities.\u003c/p>\n\u003cp>Nationwide, there have been at least \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">765 deaths\u003c/a> from coronavirus-related causes, while the rate of COVID-19 infections is \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">five times higher\u003c/a> inside lockups compared to the general population, according to research by Johns Hopkins University and the \u003ca href=\"https://law.ucla.edu/academics/centers/criminal-justice-program/ucla-covid-19-behind-bars-data-project\" target=\"_blank\" rel=\"noopener noreferrer\">UCLA Law COVID-19 Behind Bars Data Project\u003c/a> published in the \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">Journal of American Medical Association\u003c/a>.\u003c/p>\n\u003cp>Several lawsuits are alleging delayed and inadequate health care and are seeking to hold both state and federal prison systems accountable around the country, including lawsuits in \u003ca href=\"https://ctmirror.org/2020/04/21/aclu-class-action-federal-lawsuit-lower-prison-population-ct-coronavirus/\" target=\"_blank\" rel=\"noopener noreferrer\">Connecticut\u003c/a>, \u003ca href=\"https://www.aclu.org/press-releases/aclu-sues-oakdale-federal-prison-release-those-most-risk-covid-19\" target=\"_blank\" rel=\"noopener noreferrer\">Louisiana\u003c/a> and here in the \u003ca href=\"https://www.kqed.org/coronavirusliveupdates/news/11831939/the-california-department-of-corrections-and-rehabilitation-rejects-petition-for-release\" target=\"_blank\" rel=\"noopener noreferrer\">Bay Area\u003c/a>.\u003c/p>\n\u003cp>The pandemic is also raising broader questions surrounding medical ethics, such as \u003ca href=\"https://www.kqed.org/news/11808531/what-happens-when-the-ventilators-run-out\" target=\"_blank\" rel=\"noopener noreferrer\">what happens when ventilators run out \u003c/a>and is it ethical to keep incarcerated people confined in conditions known to increase the spread of the virus?\u003c/p>\n\u003cp>In California state prisons, where at least \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">8,600\u003c/a> prisoners have been infected and at least 52 have died, lawmakers and advocates have been calling for the release of more prisoners to help draw down the population inside and reduce the risk of spreading COVID-19.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED’s Brian Watt spoke with Dr. Charles Binkley, the director of bioethics at the Markkula Center for Applied Ethics at Santa Clara University to dig into solutions to the pandemic inside prisons.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for clarity and brevity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Brian Watt: As a bioethicist, what does California’s handling of the crisis in the prisons tell you? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Dr. Charles Binkley:\u003c/strong> The jury is a little bit out on that, and I think that it is going to be a critical and crucial issue that Californians are going to face. But we have to find longer-term solutions around criminal justice reform, and that has to take into account emerging communicable diseases and our ability to control them.\u003c/p>\n\u003cp>In bioethics, we think about the one standard of care for all, regardless of who comes in or what they’ve done. [pullquote size=\"medium\" align=\"right\" citation=\"Dr. Charles Binkley, Markkula Center for Applied Ethics, Santa Clara University\"]‘In bioethics, we think about the one standard of care for all, regardless of who comes in or what they’ve done.’[/pullquote]\u003c/p>\n\u003cp>We treat everybody the same and we’re really blind, just like justice should be blind. We as providers are blind so we treat everyone with the same high quality standard of care. And that’s just not happening. And this is unmasking that.\u003c/p>\n\u003cp>\u003cstrong>Morally and ethically, what responsibilities does the government have in caring for incarcerated people?\u003c/strong>\u003c/p>\n\u003cp>I think that they have the same responsibility that we all do.\u003c/p>\n\u003cp>We know that prisons are already overcrowded. We know that it’s an older, sicker population and we know there’s less access to high-quality care. And so I think what has to happen, first of all, is you have to be able to translate those basic public health priorities.\u003c/p>\n\u003cp>I think you start by decarcerating. You look at who are the people that can be released early and focus on vulnerable populations within that group — so that you reduce prison crowding.\u003c/p>\n\u003cp>\u003cstrong>How do you also think about the ethics of releasing inmates and whether that is really going to make formerly incarcerated people safer when they go out into the world?\u003c/strong>\u003c/p>\n\u003cp>I think about it just purely from a public health perspective, so we know that the boundaries between the prison and the surrounding communities is porous to begin with. And so you really need to make sure that there’s been proper testing and isolation of incarcerated people before you release them out into society or out into the community. The same thing is true with staff of the prison. The community is itself at risk — if there’s an uncontrolled infection within the prison itself.\u003c/p>\n\u003cp>\u003cstrong>Does the fact that our prisons are overcrowded and that health care standards inside prisons are different from the outside say something about our society? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think that it says something very important. It says that we’ve neglected this idea of justice — we’ve neglected the idea that everyone should have equal access to the highest possible quality of medical care. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>We treat everybody the same and we’re really blind, just like justice should be blind. We as providers are blind so we treat everyone with the same high quality standard of care. And that’s just not happening. And this is unmasking that.\u003c/p>\n\u003cp>\u003cstrong>Morally and ethically, what responsibilities does the government have in caring for incarcerated people?\u003c/strong>\u003c/p>\n\u003cp>I think that they have the same responsibility that we all do.\u003c/p>\n\u003cp>We know that prisons are already overcrowded. We know that it’s an older, sicker population and we know there’s less access to high-quality care. And so I think what has to happen, first of all, is you have to be able to translate those basic public health priorities.\u003c/p>\n\u003cp>I think you start by decarcerating. You look at who are the people that can be released early and focus on vulnerable populations within that group — so that you reduce prison crowding.\u003c/p>\n\u003cp>\u003cstrong>How do you also think about the ethics of releasing inmates and whether that is really going to make formerly incarcerated people safer when they go out into the world?\u003c/strong>\u003c/p>\n\u003cp>I think about it just purely from a public health perspective, so we know that the boundaries between the prison and the surrounding communities is porous to begin with. And so you really need to make sure that there’s been proper testing and isolation of incarcerated people before you release them out into society or out into the community. The same thing is true with staff of the prison. The community is itself at risk — if there’s an uncontrolled infection within the prison itself.\u003c/p>\n\u003cp>\u003cstrong>Does the fact that our prisons are overcrowded and that health care standards inside prisons are different from the outside say something about our society? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think that it says something very important. It says that we’ve neglected this idea of justice — we’ve neglected the idea that everyone should have equal access to the highest possible quality of medical care. It’s particularly problematic when you think about our status as a nation and our relative wealth as a nation.\u003c/p>\n\u003cp>\u003cstrong>What is the federal government doing during this moment, and what is it saying to you as a bioethicist?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It does seem a bit perverse for the federal government to resume executions in the middle of a pandemic while other systems throughout the world are looking at decarcerating inmates, looking at reexamination of some of their criminal justice structures in the middle of the pandemic. Our federal government is executing people and making its citizens witness to those executions while there’s so many of us that are fearful of the virus. And also so many people who are out of work. So many people who are suffering otherwise and dying unnecessarily in the midst of the pandemic.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>When \u003ca href=\"https://www.thedreamcorps.org/bio/michael-mendoza/\">Michael Mendoza\u003c/a> was arrested at age 15 in 1996 for his involvement in a gang-related murder, California was in the throes of its tough-on-crime phase.\u003c/p>\n\u003cp>Gang violence was exploding. Bill Clinton was president and Republican Pete Wilson was governor. Two years earlier, led by Democrats, Congress had passed a \u003ca href=\"https://www.vox.com/policy-and-politics/2019/6/20/18677998/joe-biden-1994-crime-bill-law-mass-incarceration\">national crime bill\u003c/a>, while California voters overwhelmingly approved the state’s draconian \u003ca href=\"https://www.courts.ca.gov/20142.htm#:~:text=California's%20Three%20Strikes%20sentencing%20law%20was%20originally%20enacted%20in%201994,otherwise%20provided%20for%20the%20crime\">three-strikes law\u003c/a> a few months later.\u003c/p>\n\u003cp>It was a movement that crossed party lines.\u003c/p>\n\u003cp>“I found myself standing before a judge … where I was being sentenced and tried as an adult and basically told that I was gonna go to prison for the rest of my life,” Mendoza recalled. \u003c/p>\n\u003cp>“(I was) called the super predator, a monster, a kid who was never going to succeed … At that age, I couldn’t fathom or understand why I was being thrown away. And it felt really hopeless,” he said.\u003c/p>\n\u003cp>Mendoza likely would have spent the rest of his life in prison. But in 2013, state lawmakers passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB260\">a bill\u003c/a> allowing parole hearings for inmates like him, who committed their crimes as juveniles.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jessica Levinson, Loyola Law School\"]‘What’s gonna hurt Gov. Newsom more? Is it a story that there was a coronavirus explosion in prisons, or is it a story that a prisoner he released committed a heinous crime? I think it’s probably door number two.’[/pullquote]\u003c/p>\n\u003cp>Even in the face of a 2011 U.S. Supreme Court order to reduce the state’s prison population, that legislation is the type of go-slow, incremental approach to prison release that California has embraced over the past decade.\u003c/p>\n\u003cp>The federal court order to reduce the inmate population is still in place – and now, with COVID-19 exploding in state prisons, Gov. Gavin Newsom has moved to release thousands of state prisoners early.\u003c/p>\n\u003cp>Newsom’s decision is being criticized by criminal justice hardliners as as a threat to public safety even as advocates for prisoners say it doesn’t go far enough. More than \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">8,300 prisoners have tested positive for COVID-19 and 50 inmates have died\u003c/a> so far from coronavirus complications.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mendoza, who is now national director of the \u003ca href=\"https://www.thedreamcorps.org/our-programs/cut50/\">#Cut50 campaign\u003c/a>, which aims to reduce both incarceration and crime across the nation, said it’s not surprising that Newsom hasn’t gone even further with those releases, offering them only to people who would be getting out within six months anyway or are at severe risk of dying from COVID-19.\u003c/p>\n\u003cp>“I believe that within the last five governors, starting from 2000 till now, (criminal justice reform) has been piecemeal and it’s been piecemeal because of the scare tactics and the Willie Horton stories and the politics,” he said.\u003c/p>\n\u003cp>Willie Horton. It’s a name that inevitably comes up when you talk about the intersection of politics and criminal justice. \u003c/p>\n\u003cp>Horton, a Black man, was used in Republican campaign ads to attack Democrat Michael Dukakis during the 1988 presidential race against George H.W. Bush. Horton, a convicted murderer, was furloughed from prison for a weekend and went on to commit rape, assault and robbery.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=Io9KMSSEZ0Y\u003c/p>\n\u003cp>It’s the nightmare scenario for any politician, said Loyola Law School professor Jessica Levinson.\u003c/p>\n\u003cp>“What governors don’t want when we’re talking about prisoner release is the headline that says, ‘Gov. Newsom released this prisoner and then they did this egregious thing,’ ” she said.\u003c/p>\n\u003cp>Even a progressive Democrat in a deep-blue state will consider the political tradeoffs, Levinson said. She noted that under both Newsom and his predecessor, Jerry Brown, the state only moved to cut the prison population under duress: first a court order, now a global pandemic.\u003c/p>\n\u003cp>“What’s gonna hurt Gov. Newsom more? Is it a story that there was a coronavirus explosion in the prisons or is it a story that a prisoner that he released committed a heinous crime? I think it’s probably door number two, and I think that could be part of his reticence,” she said.\u003c/p>\n\u003cp>Mark Leno spent 14 years in the state Legislature starting in 2002. He had a front-row seat to the state’s evolution on criminal justice policy over that period, as voters became more disillusioned with prison spending and more open to rolling back the harsh laws of the 1990s. He acknowledged that just one Willie Horton can do lasting political damage.\u003c/p>\n\u003cp>[aside postID=news_11830217 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/07/Image-from-iOS-5-1.jpg']“Just one, just one. That’s all you need. One horrible situation where someone re-offends in a very unpleasant, brutal way,” Leno said. “And so that’s always in the back of someone’s mind. And nothing is foolproof. Nothing is 100% … There is risk involved.”\u003c/p>\n\u003cp>Leno was among the Democrats pushing most aggressively for more prison releases during his time in the Legislature, and he came up against staunch opposition, even when the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100SB1399\">prisoners in question were comatose\u003c/a>.\u003c/p>\n\u003cp>“You’d think that would be the low-hanging fruit, that would be the slam dunk,” he said of the bill to release medically incapacitated prisoners, who were costing the state tens of millions of dollars a year. “We got a lot of resistance to this.”\u003c/p>\n\u003cp>Leno noted that it wasn’t just the Supreme Court order that finally prompted state leaders to consider laws aimed at reducing the prison population: It was that order, combined with a state budget crisis, as well as shifting public opinion. Many of the most significant criminal justice reforms enacted in California over the past decade were passed by voters, not lawmakers.\u003c/p>\n\u003cp>Among those who have voted against those types of laws consistently is state Sen. Jim Nielsen, R-Tehama. He opposes Newsom’s release plan, even though it is largely limited to prisoners set for release soon anyway, saying it ignores the rights of victims.\u003c/p>\n\u003cp>“The victims, they are the most forgotten individuals in all of criminal justice today … They have no standing anymore. And that’s very tragically sad,” Nielsen said.\u003c/p>\n\u003cp>[aside postID=news_11829407 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/07/DSC01718-1020x681.jpeg']Nielsen also believes that the prisoners set for release are not yet rehabilitated, and that they could spread COVID-19 to the broader community.\u003c/p>\n\u003cp>“They will be doing what un-rehabilitated criminals do. They will re-offend,” he said. “And in this particular case, they have been in an infected environment. And it’s rather ironic and risky, ironic and risky, to put individuals who have been in a high-risk environment into the community.”\u003c/p>\n\u003cp>But former prisoners like Michael Mendoza are hopeful. He said he’s seen a notable shift among both state leaders and the public in recent years, and the substantive policy change that’s come out of that evolution.\u003c/p>\n\u003cp>“There are more people that are impacted by the criminal justice system like myself that are out here and advocating, sharing our stories … How we are human beings, how we do have the capacity to grow, mature and change,” Mendoza said.\u003c/p>\n\u003cp>While Newsom may be not going as far or as fast as Mendoza would like, he still sees this governor as the most willing to try in recent memory.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When \u003ca href=\"https://www.thedreamcorps.org/bio/michael-mendoza/\">Michael Mendoza\u003c/a> was arrested at age 15 in 1996 for his involvement in a gang-related murder, California was in the throes of its tough-on-crime phase.\u003c/p>\n\u003cp>Gang violence was exploding. Bill Clinton was president and Republican Pete Wilson was governor. Two years earlier, led by Democrats, Congress had passed a \u003ca href=\"https://www.vox.com/policy-and-politics/2019/6/20/18677998/joe-biden-1994-crime-bill-law-mass-incarceration\">national crime bill\u003c/a>, while California voters overwhelmingly approved the state’s draconian \u003ca href=\"https://www.courts.ca.gov/20142.htm#:~:text=California's%20Three%20Strikes%20sentencing%20law%20was%20originally%20enacted%20in%201994,otherwise%20provided%20for%20the%20crime\">three-strikes law\u003c/a> a few months later.\u003c/p>\n\u003cp>It was a movement that crossed party lines.\u003c/p>\n\u003cp>“I found myself standing before a judge … where I was being sentenced and tried as an adult and basically told that I was gonna go to prison for the rest of my life,” Mendoza recalled. \u003c/p>\n\u003cp>“(I was) called the super predator, a monster, a kid who was never going to succeed … At that age, I couldn’t fathom or understand why I was being thrown away. And it felt really hopeless,” he said.\u003c/p>\n\u003cp>Mendoza likely would have spent the rest of his life in prison. But in 2013, state lawmakers passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB260\">a bill\u003c/a> allowing parole hearings for inmates like him, who committed their crimes as juveniles.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mendoza, who is now national director of the \u003ca href=\"https://www.thedreamcorps.org/our-programs/cut50/\">#Cut50 campaign\u003c/a>, which aims to reduce both incarceration and crime across the nation, said it’s not surprising that Newsom hasn’t gone even further with those releases, offering them only to people who would be getting out within six months anyway or are at severe risk of dying from COVID-19.\u003c/p>\n\u003cp>“I believe that within the last five governors, starting from 2000 till now, (criminal justice reform) has been piecemeal and it’s been piecemeal because of the scare tactics and the Willie Horton stories and the politics,” he said.\u003c/p>\n\u003cp>Willie Horton. It’s a name that inevitably comes up when you talk about the intersection of politics and criminal justice. \u003c/p>\n\u003cp>Horton, a Black man, was used in Republican campaign ads to attack Democrat Michael Dukakis during the 1988 presidential race against George H.W. Bush. Horton, a convicted murderer, was furloughed from prison for a weekend and went on to commit rape, assault and robbery.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/Io9KMSSEZ0Y'\n title='//www.youtube.com/embed/Io9KMSSEZ0Y'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>It’s the nightmare scenario for any politician, said Loyola Law School professor Jessica Levinson.\u003c/p>\n\u003cp>“What governors don’t want when we’re talking about prisoner release is the headline that says, ‘Gov. Newsom released this prisoner and then they did this egregious thing,’ ” she said.\u003c/p>\n\u003cp>Even a progressive Democrat in a deep-blue state will consider the political tradeoffs, Levinson said. She noted that under both Newsom and his predecessor, Jerry Brown, the state only moved to cut the prison population under duress: first a court order, now a global pandemic.\u003c/p>\n\u003cp>“What’s gonna hurt Gov. Newsom more? Is it a story that there was a coronavirus explosion in the prisons or is it a story that a prisoner that he released committed a heinous crime? I think it’s probably door number two, and I think that could be part of his reticence,” she said.\u003c/p>\n\u003cp>Mark Leno spent 14 years in the state Legislature starting in 2002. He had a front-row seat to the state’s evolution on criminal justice policy over that period, as voters became more disillusioned with prison spending and more open to rolling back the harsh laws of the 1990s. He acknowledged that just one Willie Horton can do lasting political damage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Just one, just one. That’s all you need. One horrible situation where someone re-offends in a very unpleasant, brutal way,” Leno said. “And so that’s always in the back of someone’s mind. And nothing is foolproof. Nothing is 100% … There is risk involved.”\u003c/p>\n\u003cp>Leno was among the Democrats pushing most aggressively for more prison releases during his time in the Legislature, and he came up against staunch opposition, even when the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100SB1399\">prisoners in question were comatose\u003c/a>.\u003c/p>\n\u003cp>“You’d think that would be the low-hanging fruit, that would be the slam dunk,” he said of the bill to release medically incapacitated prisoners, who were costing the state tens of millions of dollars a year. “We got a lot of resistance to this.”\u003c/p>\n\u003cp>Leno noted that it wasn’t just the Supreme Court order that finally prompted state leaders to consider laws aimed at reducing the prison population: It was that order, combined with a state budget crisis, as well as shifting public opinion. Many of the most significant criminal justice reforms enacted in California over the past decade were passed by voters, not lawmakers.\u003c/p>\n\u003cp>Among those who have voted against those types of laws consistently is state Sen. Jim Nielsen, R-Tehama. He opposes Newsom’s release plan, even though it is largely limited to prisoners set for release soon anyway, saying it ignores the rights of victims.\u003c/p>\n\u003cp>“The victims, they are the most forgotten individuals in all of criminal justice today … They have no standing anymore. And that’s very tragically sad,” Nielsen said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Nielsen also believes that the prisoners set for release are not yet rehabilitated, and that they could spread COVID-19 to the broader community.\u003c/p>\n\u003cp>“They will be doing what un-rehabilitated criminals do. They will re-offend,” he said. “And in this particular case, they have been in an infected environment. And it’s rather ironic and risky, ironic and risky, to put individuals who have been in a high-risk environment into the community.”\u003c/p>\n\u003cp>But former prisoners like Michael Mendoza are hopeful. He said he’s seen a notable shift among both state leaders and the public in recent years, and the substantive policy change that’s come out of that evolution.\u003c/p>\n\u003cp>“There are more people that are impacted by the criminal justice system like myself that are out here and advocating, sharing our stories … How we are human beings, how we do have the capacity to grow, mature and change,” Mendoza said.\u003c/p>\n\u003cp>While Newsom may be not going as far or as fast as Mendoza would like, he still sees this governor as the most willing to try in recent memory.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>After a couple of weeks to chew on San Jose Mayor Sam Liccardo’s nine-point \u003ca href=\"https://www.sanjoseca.gov/Home/Components/News/News/1480/4959\">proposal\u003c/a> to reform the city’s police department, the verdict from many community activists is… \u003cem>meh\u003c/em>.\u003c/p>\n\u003cp>Take the Rev. Jethroe Moore II, president of the \u003ca href=\"http://www.sanjosenaacp.org/\">San Jose/Silicon Valley NAACP\u003c/a>, who described the plan as, “inadequate at best.”\u003c/p>\n\u003cp>“It falls short of the expectations and the desire of many, I would say, most of the community members,” he added. “We want change. We want substantial change.”\u003c/p>\n\u003cp>Liccardo’s proposal, which he released in late June amid ongoing protests against police brutality, included the following measures:\u003c/p>\n\u003col>\n\u003cli>Expand public transparency for arbitration over termination and disciplinary decisions\u003c/li>\n\u003cli>Conduct Independent investigation of police misconduct\u003c/li>\n\u003cli>Expand authority of the \u003ca href=\"https://www.sanjoseca.gov/your-government/appointees/independent-police-auditor\" target=\"_blank\" rel=\"noopener noreferrer\">independent police auditor\u003c/a> over “use of force” allegations\u003c/li>\n\u003cli>Grant college scholarships to local youth who agree to join the San Jose Police Department following graduation\u003c/li>\n\u003cli>Direct $100,000 for a community engagement process to reimagine how the city might rely more on civilian responses for a variety of non-criminal calls for service\u003c/li>\n\u003cli>Ban the use of rubber bullets ban and conduct a full review of SJPD’s use-of-force policy\u003c/li>\n\u003cli>Make police subject to direction of elected leadership\u003c/li>\n\u003cli>Leverage data to improve recruiting, training and early intervention\u003c/li>\n\u003cli>Audit police expenditures\u003c/li>\n\u003c/ol>\n\u003cp>The mayor’s office said some proposals will take years to properly formulate, even as the City Council begins addressing some items, such as an expansive rubber bullet ban, which it’ll consider in August.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Raj Jayadev, Silicon Valley De-Bug\"]‘What the people in San Jose have been saying is that this isn’t an issue of just a few rogue actors. This is a system issue’[/pullquote]\u003c/p>\n\u003cp>“These are several very substantive changes which are proposed for how we will ensure that San Jose continues to be at the forefront of police accountability,” Liccardo said in a press conference unveiling the plan. In an interview with KQED, he noted that he had consulted with faith leaders and members of civil rights organizations in San Jose.\u003c/p>\n\u003cp>Moore was on that list, but said his organization wasn’t very involved.\u003c/p>\n\u003cp>“There were a group of community meetings that were held and I think a member from my organization attended,” Moore said. “But we did not give a thumbs up to any policies.”\u003c/p>\n\u003cp>Moore’s organization wants the SJPD to stop using carotid chokeholds and no longer apply for federally provided military equipment, among other reforms. But he isn’t waiting on these changes to come from the local level, he said, because some may soon be addressed in state or \u003ca href=\"https://www.nytimes.com/2020/06/01/us/politics/police-military-gear.html\">national legislation\u003c/a>.\u003c/p>\n\u003cp>“If we get it passed statewide, they’ll have to fall in,” Moore said.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1196\">AB 1196\u003c/a>, for example, would ban police from using chokeholds. Another, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB66\">AB 66\u003c/a>, would ban police from not only firing rubber bullets into a crowd, but also using tear gas and pepper spray.\u003c/p>\n\u003cp>“Oftentimes local governments can be more nimble,” said state Assemblyman Ash Kalra, D-San Jose, who introduced AB 66. “But I would say that on an issue of this nature, it makes sense to have a statewide standard so you don’t have one police department or one city responding in one manner and then you go a few miles over to another city and they’re handling protests in a different nature.”\u003c/p>\n\u003cp>But Jack Glaser, a UC Berkeley criminal justice professor, disagrees. “Policing is largely regulated at the local level anyway,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Glaser is most excited about Liccardo’s plan to expand the Police Department’s \u003ca href=\"http://www.sjpd.org/bfo/community/cso/\">Community Service Officer\u003c/a> program, he said. The program now consists of 62 unarmed officers who respond to low-level crimes like burglary, vandalism and road hazards. Under the mayor’s proposal, mental and behavioral health care workers would also begin responding to most mental health crises.\u003c/p>\n\u003cp>The proposal sets aside $100,000 to set up conversations with the public on what the new program would look like. But Glaser says he wants to see a much bigger budget bolster the promise of the proposal.\u003c/p>\n\u003cp>“The idea that you can just shift resources over from a police department and there would be this one-to-one substitution is probably naive,” he said. “There should be an expectation of at least initial investment.”\u003c/p>\n\u003cp>Glaser said he expects opposition from police unions on every proposal in the nine-point plan. “Police unions have a lot of influence over how these structures get put into place and what they look like,” he said.\u003c/p>\n\u003cp>But the San Jose Police Officers Association, the union representing SJPD officers, said it’s \u003ca href=\"https://mcusercontent.com/6a0707887484bfcead01dcf9d/files/2d22b0f5-f07e-4f24-b2e3-340157b97944/BAN0006491356_01_hr_1_.pdf\">on board\u003c/a> with these reforms.\u003c/p>\n\u003cp>“We are also interested in how we can improve police-community outcomes,” said Tom Saggau, a spokesman for the union. “If that’s the goal, the POA is going to be in lockstep with people who have reasonable proposals, ideas and suggestions.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"police-reform\"]Saggau emphasized, however, that the POA does not support calls to “defund the SJPD”, like those coming from Silicon Valley De-Bug, a civil rights organization based out of San Jose that recently circulated a \u003ca href=\"https://www.siliconvalleydebug.org/stories/to-the-city-of-san-jose-divest-from-police-and-invest-in-community\">petition\u003c/a> signed by 2,600 residents.\u003c/p>\n\u003cp>“What the people in San Jose have been saying is that this isn’t an issue of just a few rogue actors. This is a system issue,” said Raj Jayadev, the group’s cofounder. “This is about systemic racism.”\u003c/p>\n\u003cp>Rosie Chavez also helped craft the petition, which called to dismantle policing units such as the Mayor’s Gang Prevention Task Force and the Covert Response and Street Crimes Units that she believes target young Black and brown men. Her nephew, \u003ca href=\"https://www.mercurynews.com/2017/09/18/san-jose-police-deadly-shooting-of-unarmed-robbery-drive-by-suspect-capped-lengthy-cat-and-mouse-pursuit/\">Jacob Dominguez,\u003c/a> was killed by San Jose police in 2017.\u003c/p>\n\u003cp>“I just feel like (Liccardo) didn’t listen or even read what we were asking of him divesting (from the SJPD) and investing in the community,” Chavez said.\u003c/p>\n\u003cp>Judge LaDoris Cordell, a former SJPD watchdog, is also skeptical of these proposals. “I have no quarrel with the proposed reforms,” she said. “They just don’t go far enough.”\u003c/p>\n\u003cp>Cordell pointed to Liccardo’s proposal to expand the role of the city’s independent police auditor, which the city of San Jose will vote on in November. Before then, the City Council is holding a special meeting on July 28 to vote on the language that will appear on the ballot. Even still, that position merely reviews the department’s internal investigations and lacks any real enforcement power, she said.\u003c/p>\n\u003cp>“The IPA has no authority to make findings that are binding on the department,” Cordell said, adding that amending the city’s charter would be the only way to effectively change the position. “While reforms of the SJPD will help keep the public safe from the police use of excessive force, the culture of the department is so infected with systemic racism that reforms are inefficient.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>CORRECTIONS\u003c/strong>: The original version of this story misstated the following details: \u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cem>There are 62 community service officers on the SJPD, not 72. Ten more will soon be added to the department through a reallocation of $1.4 million from the police overtime budget.\u003c/em>\u003c/li>\n\u003cli>\u003cem>One of the policing units that activists want to dismantle is the Mayor’s Gang Prevention Task Force, not the Mayor’s Youth Gang Task Force, as previously stated.\u003c/em>\u003c/li>\n\u003cli>\u003cem>The City Council will vote on the language for the independent police auditor ballot measure in late July, not November. The public will vote on the measure in November.\u003c/em>\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a couple of weeks to chew on San Jose Mayor Sam Liccardo’s nine-point \u003ca href=\"https://www.sanjoseca.gov/Home/Components/News/News/1480/4959\">proposal\u003c/a> to reform the city’s police department, the verdict from many community activists is… \u003cem>meh\u003c/em>.\u003c/p>\n\u003cp>Take the Rev. Jethroe Moore II, president of the \u003ca href=\"http://www.sanjosenaacp.org/\">San Jose/Silicon Valley NAACP\u003c/a>, who described the plan as, “inadequate at best.”\u003c/p>\n\u003cp>“It falls short of the expectations and the desire of many, I would say, most of the community members,” he added. “We want change. We want substantial change.”\u003c/p>\n\u003cp>Liccardo’s proposal, which he released in late June amid ongoing protests against police brutality, included the following measures:\u003c/p>\n\u003col>\n\u003cli>Expand public transparency for arbitration over termination and disciplinary decisions\u003c/li>\n\u003cli>Conduct Independent investigation of police misconduct\u003c/li>\n\u003cli>Expand authority of the \u003ca href=\"https://www.sanjoseca.gov/your-government/appointees/independent-police-auditor\" target=\"_blank\" rel=\"noopener noreferrer\">independent police auditor\u003c/a> over “use of force” allegations\u003c/li>\n\u003cli>Grant college scholarships to local youth who agree to join the San Jose Police Department following graduation\u003c/li>\n\u003cli>Direct $100,000 for a community engagement process to reimagine how the city might rely more on civilian responses for a variety of non-criminal calls for service\u003c/li>\n\u003cli>Ban the use of rubber bullets ban and conduct a full review of SJPD’s use-of-force policy\u003c/li>\n\u003cli>Make police subject to direction of elected leadership\u003c/li>\n\u003cli>Leverage data to improve recruiting, training and early intervention\u003c/li>\n\u003cli>Audit police expenditures\u003c/li>\n\u003c/ol>\n\u003cp>The mayor’s office said some proposals will take years to properly formulate, even as the City Council begins addressing some items, such as an expansive rubber bullet ban, which it’ll consider in August.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“These are several very substantive changes which are proposed for how we will ensure that San Jose continues to be at the forefront of police accountability,” Liccardo said in a press conference unveiling the plan. In an interview with KQED, he noted that he had consulted with faith leaders and members of civil rights organizations in San Jose.\u003c/p>\n\u003cp>Moore was on that list, but said his organization wasn’t very involved.\u003c/p>\n\u003cp>“There were a group of community meetings that were held and I think a member from my organization attended,” Moore said. “But we did not give a thumbs up to any policies.”\u003c/p>\n\u003cp>Moore’s organization wants the SJPD to stop using carotid chokeholds and no longer apply for federally provided military equipment, among other reforms. But he isn’t waiting on these changes to come from the local level, he said, because some may soon be addressed in state or \u003ca href=\"https://www.nytimes.com/2020/06/01/us/politics/police-military-gear.html\">national legislation\u003c/a>.\u003c/p>\n\u003cp>“If we get it passed statewide, they’ll have to fall in,” Moore said.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1196\">AB 1196\u003c/a>, for example, would ban police from using chokeholds. Another, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB66\">AB 66\u003c/a>, would ban police from not only firing rubber bullets into a crowd, but also using tear gas and pepper spray.\u003c/p>\n\u003cp>“Oftentimes local governments can be more nimble,” said state Assemblyman Ash Kalra, D-San Jose, who introduced AB 66. “But I would say that on an issue of this nature, it makes sense to have a statewide standard so you don’t have one police department or one city responding in one manner and then you go a few miles over to another city and they’re handling protests in a different nature.”\u003c/p>\n\u003cp>But Jack Glaser, a UC Berkeley criminal justice professor, disagrees. “Policing is largely regulated at the local level anyway,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Glaser is most excited about Liccardo’s plan to expand the Police Department’s \u003ca href=\"http://www.sjpd.org/bfo/community/cso/\">Community Service Officer\u003c/a> program, he said. The program now consists of 62 unarmed officers who respond to low-level crimes like burglary, vandalism and road hazards. Under the mayor’s proposal, mental and behavioral health care workers would also begin responding to most mental health crises.\u003c/p>\n\u003cp>The proposal sets aside $100,000 to set up conversations with the public on what the new program would look like. But Glaser says he wants to see a much bigger budget bolster the promise of the proposal.\u003c/p>\n\u003cp>“The idea that you can just shift resources over from a police department and there would be this one-to-one substitution is probably naive,” he said. “There should be an expectation of at least initial investment.”\u003c/p>\n\u003cp>Glaser said he expects opposition from police unions on every proposal in the nine-point plan. “Police unions have a lot of influence over how these structures get put into place and what they look like,” he said.\u003c/p>\n\u003cp>But the San Jose Police Officers Association, the union representing SJPD officers, said it’s \u003ca href=\"https://mcusercontent.com/6a0707887484bfcead01dcf9d/files/2d22b0f5-f07e-4f24-b2e3-340157b97944/BAN0006491356_01_hr_1_.pdf\">on board\u003c/a> with these reforms.\u003c/p>\n\u003cp>“We are also interested in how we can improve police-community outcomes,” said Tom Saggau, a spokesman for the union. “If that’s the goal, the POA is going to be in lockstep with people who have reasonable proposals, ideas and suggestions.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Saggau emphasized, however, that the POA does not support calls to “defund the SJPD”, like those coming from Silicon Valley De-Bug, a civil rights organization based out of San Jose that recently circulated a \u003ca href=\"https://www.siliconvalleydebug.org/stories/to-the-city-of-san-jose-divest-from-police-and-invest-in-community\">petition\u003c/a> signed by 2,600 residents.\u003c/p>\n\u003cp>“What the people in San Jose have been saying is that this isn’t an issue of just a few rogue actors. This is a system issue,” said Raj Jayadev, the group’s cofounder. “This is about systemic racism.”\u003c/p>\n\u003cp>Rosie Chavez also helped craft the petition, which called to dismantle policing units such as the Mayor’s Gang Prevention Task Force and the Covert Response and Street Crimes Units that she believes target young Black and brown men. Her nephew, \u003ca href=\"https://www.mercurynews.com/2017/09/18/san-jose-police-deadly-shooting-of-unarmed-robbery-drive-by-suspect-capped-lengthy-cat-and-mouse-pursuit/\">Jacob Dominguez,\u003c/a> was killed by San Jose police in 2017.\u003c/p>\n\u003cp>“I just feel like (Liccardo) didn’t listen or even read what we were asking of him divesting (from the SJPD) and investing in the community,” Chavez said.\u003c/p>\n\u003cp>Judge LaDoris Cordell, a former SJPD watchdog, is also skeptical of these proposals. “I have no quarrel with the proposed reforms,” she said. “They just don’t go far enough.”\u003c/p>\n\u003cp>Cordell pointed to Liccardo’s proposal to expand the role of the city’s independent police auditor, which the city of San Jose will vote on in November. Before then, the City Council is holding a special meeting on July 28 to vote on the language that will appear on the ballot. Even still, that position merely reviews the department’s internal investigations and lacks any real enforcement power, she said.\u003c/p>\n\u003cp>“The IPA has no authority to make findings that are binding on the department,” Cordell said, adding that amending the city’s charter would be the only way to effectively change the position. “While reforms of the SJPD will help keep the public safe from the police use of excessive force, the culture of the department is so infected with systemic racism that reforms are inefficient.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>CORRECTIONS\u003c/strong>: The original version of this story misstated the following details: \u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cem>There are 62 community service officers on the SJPD, not 72. Ten more will soon be added to the department through a reallocation of $1.4 million from the police overtime budget.\u003c/em>\u003c/li>\n\u003cli>\u003cem>One of the policing units that activists want to dismantle is the Mayor’s Gang Prevention Task Force, not the Mayor’s Youth Gang Task Force, as previously stated.\u003c/em>\u003c/li>\n\u003cli>\u003cem>The City Council will vote on the language for the independent police auditor ballot measure in late July, not November. The public will vote on the measure in November.\u003c/em>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The symptoms for COVID-19 hit Larry Williams pretty fast. He got sweaty, disoriented. His blood pressure dropped.\u003c/p>\n\u003cp>“They told me that they feared that I was going to have a heart attack or heart failure,” Williams said by phone from San Quentin State Prison, where he is incarcerated. “They thought I was going to crash.”\u003c/p>\n\u003cp>Williams, who has underlying health conditions that put him at risk for dying from COVID-19, tested positive for the virus on June 11, a day after a correctional officer asked him to help move hundreds of boxes from the bottom floor of a prison unit to a higher tier. After taking a couple loads, he asked whose belongings they were moving. He said the officer shrugged and told him the property belonged to 121 inmates who had transferred there at the end of May from the California Institution for Men in Chino.\u003c/p>\n\u003cp>Twenty-five of those men subsequently tested positive for the virus, and were believed to be the source of what’s become the largest COVID-19 outbreak in a California prison, infecting more than 1,600 men incarcerated at San Quentin and killing seven.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Larry Williams, COVID-19 survivor incarcerated at San Quentin\"]‘They need to provide a better facility that they can keep COVID-free, because right now, I’m one of the lucky ones.’[/pullquote]\u003c/p>\n\u003cp>While most inmates at the prison in Marin County are being restricted to dorms or cells to prevent further spread of the virus, some routinely left those cells to provide essential work.\u003c/p>\n\u003cp>Dorm porters like Williams clean group living spaces, including inmate’s toilets and showers.\u003c/p>\n\u003cp>Most prison jobs pay between $.09 to $1.40 an hour, but Williams said he was not financially compensated for his work.\u003c/p>\n\u003cp>“Our pay was being able to come out [of our cells], stay out a little extra, being able to use the phone,” he said. “We moved the boxes because we were afraid of losing our privileges.”\u003c/p>\n\u003cfigure id=\"attachment_11828235\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11828235\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ.jpg\" alt=\"Larry Williams, who is incarcerated at San Quentin and has underlying health conditions that put him at risk of dying from COVID-19, tested positive for the virus after a correctional officer asked him to help move hundreds of boxes that had belonged to infected inmates transferred from Chino.\" width=\"1920\" height=\"1767\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-800x736.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-1020x939.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-160x147.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-1536x1414.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Larry Williams, who is incarcerated at San Quentin and has underlying health conditions that put him at risk of dying from COVID-19, tested positive for the virus after a correctional officer asked him to help move hundreds of boxes that had belonged to infected inmates transferred from Chino. \u003ccite>(Courtesy Larry Williams)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas responded to the allegations in a July 8 email.\u003c/p>\n\u003cp>“Our top priority is the health and safety of all those who live and work in our state prisons, including the incarcerated population that fulfill critical work assignments,” Simas wrote. “We are taking every precaution possible to protect the critical worker population.”\u003c/p>\n\u003cp>Those precautions include providing surgical masks during critical workers’ shifts, personal protective equipment if warranted and training on infection control, she said.\u003c/p>\n\u003cp>But an essential worker at San Quentin who cleaned the rooms of COVID-19 patients recently told a filmmaker such protections were not in place for them.\u003c/p>\n\u003cp>“[The worker] told me that his initial COVID training didn’t require them to use masks when they were cleaning areas where people who had been infected had been,” said Adamu Chan on a phone call from San Quentin last week. “Some of his coworkers had become infected.”\u003c/p>\n\u003cp>Chan, who makes films about life at the prison through the nonprofit program \u003ca href=\"https://restorecal.org/firstwatch/\" target=\"_blank\" rel=\"noopener noreferrer\">First Watch\u003c/a>, recently interviewed a member of a team that cleaned COVID-19 treatment rooms. That worker said he felt the team had been coerced into going into dangerous sections of the prison without proper protection.\u003c/p>\n\u003cp>“Some of his coworkers had just stopped going to work because they didn’t feel like it was safe,” Chan said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>California Prison Industry Authority (CALPIA), a civilian-led program inside California prisons that employed more than 7,000 inmates statewide in 2019, confirmed that some of their workers at San Quentin clean medical treatment rooms.\u003c/p>\n\u003cp>“Though these workers have been deemed ‘critical,’ none are being forced to report to work,” said spokeswoman Stephanie Eres in a July 8 email, which also laid out precautions the program is taking to protect inmates, including providing them with masks, protective eyewear and hand sanitizer.\u003c/p>\n\u003cp>Depending on the type of work assignment, CALPIA said they provided additional protection through Tyvek suits or smocks and N95 masks.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='san-quentin']The program directors also encouraged physical distance, Eres wrote, and when working in areas where that was not possible, “CALPIA has utilized barriers between each work area or has reorganized areas to ensure staff and offenders can maintain the six-feet-apart distancing.”\u003c/p>\n\u003cp>Eres said CALPIA closed programs at San Quentin on June 22 and has shut down 43 other programs at various prisons throughout the state due to COVID-19.\u003c/p>\n\u003cp>KQED has also \u003ca href=\"https://www.kqed.org/news/11827142/lawmakers-want-stronger-covid-19-protections-in-california-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a> on allegations that incarcerated workers at the California Institution for Women in Riverside also contracted the virus while working.\u003c/p>\n\u003cp>At San Quentin, Larry Williams has nearly recovered from COVID-19, and continues to speak out about conditions in the prison.\u003c/p>\n\u003cp>Gov. Gavin Newsom said Wednesday that the state aims to release thousands of inmates with lower-level offenses soon from San Quentin and other state prisons.\u003c/p>\n\u003cp>Williams, a father of four who is serving time in San Quentin for a parole violation, hopes to be one of them. He has nearly recovered from COVID-19, but thinks more should be done to control the outbreak at the prison.\u003c/p>\n\u003cp>“People like me that have underlying health conditions, we should be looked at and possibly allowed to go home on an ankle monitor,” he said. “Or they need to provide a better facility that they can keep us COVID-free, because right now, I’m one of the lucky ones.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The symptoms for COVID-19 hit Larry Williams pretty fast. He got sweaty, disoriented. His blood pressure dropped.\u003c/p>\n\u003cp>“They told me that they feared that I was going to have a heart attack or heart failure,” Williams said by phone from San Quentin State Prison, where he is incarcerated. “They thought I was going to crash.”\u003c/p>\n\u003cp>Williams, who has underlying health conditions that put him at risk for dying from COVID-19, tested positive for the virus on June 11, a day after a correctional officer asked him to help move hundreds of boxes from the bottom floor of a prison unit to a higher tier. After taking a couple loads, he asked whose belongings they were moving. He said the officer shrugged and told him the property belonged to 121 inmates who had transferred there at the end of May from the California Institution for Men in Chino.\u003c/p>\n\u003cp>Twenty-five of those men subsequently tested positive for the virus, and were believed to be the source of what’s become the largest COVID-19 outbreak in a California prison, infecting more than 1,600 men incarcerated at San Quentin and killing seven.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While most inmates at the prison in Marin County are being restricted to dorms or cells to prevent further spread of the virus, some routinely left those cells to provide essential work.\u003c/p>\n\u003cp>Dorm porters like Williams clean group living spaces, including inmate’s toilets and showers.\u003c/p>\n\u003cp>Most prison jobs pay between $.09 to $1.40 an hour, but Williams said he was not financially compensated for his work.\u003c/p>\n\u003cp>“Our pay was being able to come out [of our cells], stay out a little extra, being able to use the phone,” he said. “We moved the boxes because we were afraid of losing our privileges.”\u003c/p>\n\u003cfigure id=\"attachment_11828235\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11828235\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ.jpg\" alt=\"Larry Williams, who is incarcerated at San Quentin and has underlying health conditions that put him at risk of dying from COVID-19, tested positive for the virus after a correctional officer asked him to help move hundreds of boxes that had belonged to infected inmates transferred from Chino.\" width=\"1920\" height=\"1767\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-800x736.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-1020x939.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-160x147.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/Larry-Williams-caught-Covid-19-at-SQ-1536x1414.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Larry Williams, who is incarcerated at San Quentin and has underlying health conditions that put him at risk of dying from COVID-19, tested positive for the virus after a correctional officer asked him to help move hundreds of boxes that had belonged to infected inmates transferred from Chino. \u003ccite>(Courtesy Larry Williams)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas responded to the allegations in a July 8 email.\u003c/p>\n\u003cp>“Our top priority is the health and safety of all those who live and work in our state prisons, including the incarcerated population that fulfill critical work assignments,” Simas wrote. “We are taking every precaution possible to protect the critical worker population.”\u003c/p>\n\u003cp>Those precautions include providing surgical masks during critical workers’ shifts, personal protective equipment if warranted and training on infection control, she said.\u003c/p>\n\u003cp>But an essential worker at San Quentin who cleaned the rooms of COVID-19 patients recently told a filmmaker such protections were not in place for them.\u003c/p>\n\u003cp>“[The worker] told me that his initial COVID training didn’t require them to use masks when they were cleaning areas where people who had been infected had been,” said Adamu Chan on a phone call from San Quentin last week. “Some of his coworkers had become infected.”\u003c/p>\n\u003cp>Chan, who makes films about life at the prison through the nonprofit program \u003ca href=\"https://restorecal.org/firstwatch/\" target=\"_blank\" rel=\"noopener noreferrer\">First Watch\u003c/a>, recently interviewed a member of a team that cleaned COVID-19 treatment rooms. That worker said he felt the team had been coerced into going into dangerous sections of the prison without proper protection.\u003c/p>\n\u003cp>“Some of his coworkers had just stopped going to work because they didn’t feel like it was safe,” Chan said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California Prison Industry Authority (CALPIA), a civilian-led program inside California prisons that employed more than 7,000 inmates statewide in 2019, confirmed that some of their workers at San Quentin clean medical treatment rooms.\u003c/p>\n\u003cp>“Though these workers have been deemed ‘critical,’ none are being forced to report to work,” said spokeswoman Stephanie Eres in a July 8 email, which also laid out precautions the program is taking to protect inmates, including providing them with masks, protective eyewear and hand sanitizer.\u003c/p>\n\u003cp>Depending on the type of work assignment, CALPIA said they provided additional protection through Tyvek suits or smocks and N95 masks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The program directors also encouraged physical distance, Eres wrote, and when working in areas where that was not possible, “CALPIA has utilized barriers between each work area or has reorganized areas to ensure staff and offenders can maintain the six-feet-apart distancing.”\u003c/p>\n\u003cp>Eres said CALPIA closed programs at San Quentin on June 22 and has shut down 43 other programs at various prisons throughout the state due to COVID-19.\u003c/p>\n\u003cp>KQED has also \u003ca href=\"https://www.kqed.org/news/11827142/lawmakers-want-stronger-covid-19-protections-in-california-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a> on allegations that incarcerated workers at the California Institution for Women in Riverside also contracted the virus while working.\u003c/p>\n\u003cp>At San Quentin, Larry Williams has nearly recovered from COVID-19, and continues to speak out about conditions in the prison.\u003c/p>\n\u003cp>Gov. Gavin Newsom said Wednesday that the state aims to release thousands of inmates with lower-level offenses soon from San Quentin and other state prisons.\u003c/p>\n\u003cp>Williams, a father of four who is serving time in San Quentin for a parole violation, hopes to be one of them. He has nearly recovered from COVID-19, but thinks more should be done to control the outbreak at the prison.\u003c/p>\n\u003cp>“People like me that have underlying health conditions, we should be looked at and possibly allowed to go home on an ankle monitor,” he said. “Or they need to provide a better facility that they can keep us COVID-free, because right now, I’m one of the lucky ones.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color",
"title": "Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color",
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"headTitle": "Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color | KQED",
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"content": "\u003cp>A November ballot measure that would roll back a number of recent criminal justice reforms would disproportionally harm communities of color, according to \u003ca href=\"http://www.cjcj.org/news/12895\" target=\"_blank\" rel=\"noopener noreferrer\">a report\u003c/a> being released today by a nonprofit advocating for less incarceration.\u003c/p>\n\u003cp>The analysis by the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Center on Juvenile and Criminal Justice, or CJCJ, \u003c/a>found that the \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">proposed initiative\u003c/a> would drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, in addition to diverting resources from programs that rehabilitate former offenders, and generally hurt communities of color.\u003c/p>\n\u003cp>Proponents of the measure rejected those contentions, saying it was narrowly written to only impact a small group of violent offenders.\u003c/p>\n\u003cp>But Maureen Washburn, a policy analyst at CJCJ, noted that crime has continued to fall in California as reforms took place over the past decade — and any reversal of those changes would disproportionately impact communities of color in California, who are incarcerated at higher rates than whites.\u003c/p>\n\u003cp>“In the moment we’re in, I think this initiative is especially dissonant,” said Washburn, who co-authored the report.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She said that’s particularly true at a time of national protests over police brutality and racism — and as the state, cities and counties all face massive budget shortfalls because of the economic harm caused by the pandemic.\u003c/p>\n\u003cp>“When we’re considering … a proposal that would increase penalties for low-level offenses, in a system that’s already profoundly biased against Black, indigenous and Latino Californians, I think it’s clear that it would only extend the harm of our criminal justice system,” Washburn said, trapping “more and more Californians in that really difficult-to-escape cycle of entering and exiting jails and courts and probation.”\u003c/p>\n\u003cp>The ballot measure, backed by some law enforcement officials and victims rights groups, aims to pare down some of the sweeping criminal justice reforms enacted in California over the past decade. Broadly, it would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation; and harder for many inmates to earn parole from state prison.\u003c/p>\n\u003cp>It would do so by reversing aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>Over the past five years, one of those measures — \u003ca href=\"https://vig.cdn.sos.ca.gov/2014/general/en/pdf/proposition-47-title-summary-analysis.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 47\u003c/a> — has allowed $350 million to be\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\" target=\"_blank\" rel=\"noopener noreferrer\"> redirected\u003c/a> from prisons to victims services, schools and treatment programs. Prop. 47 reduced many nonviolent and drug-related crimes from felonies to misdemeanors, and allowed people previously convicted of those offenses to petition a court to have them reduced to misdemeanors. It took the savings achieved from lower prison and jail populations and redirected them toward community programs.\u003c/p>\n\u003cp>But the November initiative would reverse portions of Prop. 47, making it easier to charge someone with felony theft. The report estimates that change alone could result in an additional 4,900 to 9,900 felony arrests per year — costing taxpayers an additional $154 million to $457 million a year in court, probation, jail and prison costs.\u003c/p>\n\u003cp>“So the big takeaway for us on the fiscal side, at least, is that this is going to be hugely expensive,” Washburn said.\u003c/p>\n\u003cp>But, she added, “I think that the far greater costs of an initiative like this are going to be borne by communities and families and people that are swept up in a more punitive system.”\u003c/p>\n\u003cp>The ballot measure also seeks to roll back some aspects of \u003ca href=\"https://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop57\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 57\u003c/a>, a \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" target=\"_blank\" rel=\"noopener noreferrer\">2016 ballot measure written by former Gov. Jerry Brown\u003c/a>; and Assembly Bill 109, which lawmakers approved in 2011.\u003c/p>\n\u003cp>Prop. 57 gave some state prisoners the opportunity to shorten their sentences by participating in rehabilitation programs. State officials say by next year, it will have resulted in some 8,600 inmates serving shorter prison sentences, and is saving taxpayers hundreds of millions of dollars a year.\u003c/p>\n\u003cp>\u003ca href=\"https://www.courts.ca.gov/partners/documents/chronicle_prison_reform_article_10-2-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">AB 109, also known as realignment\u003c/a>, requires people convicted of nonviolent, nonserious, nonsexual crimes to serve their sentences in local jails instead of state prisons. It\u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\" target=\"_blank\" rel=\"noopener noreferrer\"> helped reduce the state’s prison population by tens of thousands of inmates\u003c/a>, and was intended to address a U.S. Supreme Court order to reduce the population in California’s overcrowded prisons. The courts found that the overcrowding was resulting in inadequate medical care and violating inmates’ constitutional rights.\u003c/p>\n\u003cp>But the CJCJ report states that many of the gains made by Propositions 47 and 57, and AB 109, would be reversed if the proposed ballot measure is approved by voters. In the first five years, it could drive up state costs by $2.3 billion, money that could otherwise be spent on “programs that address the root causes of crime,” the report states.\u003c/p>\n\u003cp>The report also states it would drive up prison and jail populations, potentially putting California in violation of the Supreme Court order, leading to more lawsuits and forcing county sheriffs to release some inmates early.[aside tag=\"politics\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>More generally, the report finds, the initiative would pull more people into the criminal justice system — and by prioritizing punishment over treatment, “could result in more people trapped in a pattern of low-level crime.”\u003c/p>\n\u003cp>Democratic Assemblyman Jim Cooper, a former police officer who helped write the measure, said he does not believe it will lead to a drastic increase in jail or prison populations. He said it was carefully crafted to target violent offenders ineligible for earlier reforms.\u003c/p>\n\u003cp>“While it will increase some costs, the universe is not that big, and it keeps bad people in jail. So if you’re pimping a kid or raping a woman, you are a bad person and you should do your time. That’s all I’m saying,” he said.\u003c/p>\n\u003cp>Cooper said he doesn’t believe the reforms have saved as much money — or benefited communities — as much as the other side contends.\u003c/p>\n\u003cp>But Washburn said any reduction in spending on rehabilitation and other programs that help people turn their lives around, could actually make California communities less safe.\u003c/p>\n\u003cp>Crime rates, she notes, have continued to fall over the past decade, as these reforms were implemented.\u003c/p>\n\u003cp>“I think that there’s a real argument to be made that this initiative — in addition to increasing costs in the criminal justice system — would really siphon funds that are necessary for community-based programs, for prevention, for treatment, for the things that keep people out of the system in the first place,” she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“This initiative, rather than increasing community safety, actually puts communities at risk of potential increases in crime.”\u003c/p>\n\n",
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"excerpt": "'This initiative ... actually puts communities at risk of potential increases in crime,' said policy analyst Maureen Washburn on a ballot measure that would disproportionally harm communities of color, according to a new report.",
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"title": "Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color | KQED",
"description": "'This initiative ... actually puts communities at risk of potential increases in crime,' said policy analyst Maureen Washburn on a ballot measure that would disproportionally harm communities of color, according to a new report.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A November ballot measure that would roll back a number of recent criminal justice reforms would disproportionally harm communities of color, according to \u003ca href=\"http://www.cjcj.org/news/12895\" target=\"_blank\" rel=\"noopener noreferrer\">a report\u003c/a> being released today by a nonprofit advocating for less incarceration.\u003c/p>\n\u003cp>The analysis by the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Center on Juvenile and Criminal Justice, or CJCJ, \u003c/a>found that the \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">proposed initiative\u003c/a> would drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, in addition to diverting resources from programs that rehabilitate former offenders, and generally hurt communities of color.\u003c/p>\n\u003cp>Proponents of the measure rejected those contentions, saying it was narrowly written to only impact a small group of violent offenders.\u003c/p>\n\u003cp>But Maureen Washburn, a policy analyst at CJCJ, noted that crime has continued to fall in California as reforms took place over the past decade — and any reversal of those changes would disproportionately impact communities of color in California, who are incarcerated at higher rates than whites.\u003c/p>\n\u003cp>“In the moment we’re in, I think this initiative is especially dissonant,” said Washburn, who co-authored the report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said that’s particularly true at a time of national protests over police brutality and racism — and as the state, cities and counties all face massive budget shortfalls because of the economic harm caused by the pandemic.\u003c/p>\n\u003cp>“When we’re considering … a proposal that would increase penalties for low-level offenses, in a system that’s already profoundly biased against Black, indigenous and Latino Californians, I think it’s clear that it would only extend the harm of our criminal justice system,” Washburn said, trapping “more and more Californians in that really difficult-to-escape cycle of entering and exiting jails and courts and probation.”\u003c/p>\n\u003cp>The ballot measure, backed by some law enforcement officials and victims rights groups, aims to pare down some of the sweeping criminal justice reforms enacted in California over the past decade. Broadly, it would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation; and harder for many inmates to earn parole from state prison.\u003c/p>\n\u003cp>It would do so by reversing aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>Over the past five years, one of those measures — \u003ca href=\"https://vig.cdn.sos.ca.gov/2014/general/en/pdf/proposition-47-title-summary-analysis.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 47\u003c/a> — has allowed $350 million to be\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\" target=\"_blank\" rel=\"noopener noreferrer\"> redirected\u003c/a> from prisons to victims services, schools and treatment programs. Prop. 47 reduced many nonviolent and drug-related crimes from felonies to misdemeanors, and allowed people previously convicted of those offenses to petition a court to have them reduced to misdemeanors. It took the savings achieved from lower prison and jail populations and redirected them toward community programs.\u003c/p>\n\u003cp>But the November initiative would reverse portions of Prop. 47, making it easier to charge someone with felony theft. The report estimates that change alone could result in an additional 4,900 to 9,900 felony arrests per year — costing taxpayers an additional $154 million to $457 million a year in court, probation, jail and prison costs.\u003c/p>\n\u003cp>“So the big takeaway for us on the fiscal side, at least, is that this is going to be hugely expensive,” Washburn said.\u003c/p>\n\u003cp>But, she added, “I think that the far greater costs of an initiative like this are going to be borne by communities and families and people that are swept up in a more punitive system.”\u003c/p>\n\u003cp>The ballot measure also seeks to roll back some aspects of \u003ca href=\"https://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop57\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 57\u003c/a>, a \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" target=\"_blank\" rel=\"noopener noreferrer\">2016 ballot measure written by former Gov. Jerry Brown\u003c/a>; and Assembly Bill 109, which lawmakers approved in 2011.\u003c/p>\n\u003cp>Prop. 57 gave some state prisoners the opportunity to shorten their sentences by participating in rehabilitation programs. State officials say by next year, it will have resulted in some 8,600 inmates serving shorter prison sentences, and is saving taxpayers hundreds of millions of dollars a year.\u003c/p>\n\u003cp>\u003ca href=\"https://www.courts.ca.gov/partners/documents/chronicle_prison_reform_article_10-2-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">AB 109, also known as realignment\u003c/a>, requires people convicted of nonviolent, nonserious, nonsexual crimes to serve their sentences in local jails instead of state prisons. It\u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\" target=\"_blank\" rel=\"noopener noreferrer\"> helped reduce the state’s prison population by tens of thousands of inmates\u003c/a>, and was intended to address a U.S. Supreme Court order to reduce the population in California’s overcrowded prisons. The courts found that the overcrowding was resulting in inadequate medical care and violating inmates’ constitutional rights.\u003c/p>\n\u003cp>But the CJCJ report states that many of the gains made by Propositions 47 and 57, and AB 109, would be reversed if the proposed ballot measure is approved by voters. In the first five years, it could drive up state costs by $2.3 billion, money that could otherwise be spent on “programs that address the root causes of crime,” the report states.\u003c/p>\n\u003cp>The report also states it would drive up prison and jail populations, potentially putting California in violation of the Supreme Court order, leading to more lawsuits and forcing county sheriffs to release some inmates early.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More generally, the report finds, the initiative would pull more people into the criminal justice system — and by prioritizing punishment over treatment, “could result in more people trapped in a pattern of low-level crime.”\u003c/p>\n\u003cp>Democratic Assemblyman Jim Cooper, a former police officer who helped write the measure, said he does not believe it will lead to a drastic increase in jail or prison populations. He said it was carefully crafted to target violent offenders ineligible for earlier reforms.\u003c/p>\n\u003cp>“While it will increase some costs, the universe is not that big, and it keeps bad people in jail. So if you’re pimping a kid or raping a woman, you are a bad person and you should do your time. That’s all I’m saying,” he said.\u003c/p>\n\u003cp>Cooper said he doesn’t believe the reforms have saved as much money — or benefited communities — as much as the other side contends.\u003c/p>\n\u003cp>But Washburn said any reduction in spending on rehabilitation and other programs that help people turn their lives around, could actually make California communities less safe.\u003c/p>\n\u003cp>Crime rates, she notes, have continued to fall over the past decade, as these reforms were implemented.\u003c/p>\n\u003cp>“I think that there’s a real argument to be made that this initiative — in addition to increasing costs in the criminal justice system — would really siphon funds that are necessary for community-based programs, for prevention, for treatment, for the things that keep people out of the system in the first place,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Federal judges on Saturday refused on procedural grounds to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates likened to a “tinderbox” ready to ignite with the rapid spread of the coronavirus.\u003c/p>\n\u003cp>But the three judges invited inmates’ attorneys to file a new motion with either or both of two individual judges who oversee major class action lawsuits over inmate medical and mental health care. Both judges are members of the three-judge panel, which also includes a federal appellate judge.\u003c/p>\n\u003cp>The judges virtually laid out a pathway for the inmates’ attorneys to seek help from the individual judges, and perhaps come back to the special panel after they lay the proper groundwork.\u003c/p>\n\u003cp>The special panel said it had no authority to address the coronavirus because it was convened 13 years ago to consider a different issue: whether general overcrowding was causing inhumane conditions.\u003c/p>\n\u003cp>“We take no satisfaction in turning away Plaintiffs’ motion without reaching the important question of whether Defendants have implemented constitutionally adequate measures to protect the inmates of California’s prisons from the serious threat posed by this unparalleled pandemic,” wrote two of the three judges. “But we are bound by (federal law) to reach this conclusion.”\u003c/p>\n\u003cp>The third judge, U.S. District Judge Kimberly Mueller of Sacramento, agreed on legal grounds but said she thought the special panel may ultimately retain its power to order inmates released “in light of the unprecedented exigent circumstances.”\u003c/p>\n\u003cp>Don Specter, one of the attorneys representing inmates, said they “will be refiling the motion before the single district court judges as soon as possible.”\u003c/p>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas said the state “has taken significant steps to address the safety and well-being of inmates and staff during the COVID-19 pandemic.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration already temporarily blocked the transfers of new inmates into prisons and ordered the early release within days of nonviolent inmates who had been scheduled for parole within the next two months. Those moves are expected to lower the population by as many as 6,500 inmates within 30 days.\u003c/p>\n\u003cp>Those steps are not enough to give inmates double-bunked in crowded dormitories the room they need to stay separated by at least 6 feet like the rest of the state’s population, said Specter, director of the nonprofit Prison Law Office. That means inmates will rapidly spread the coronavirus among themselves and, through prison employees, into the community at large, he argued. \u003c/p>\n\u003cp>[aside tag='coronavirus' label='related coverage']\u003c/p>\n\u003cp>“There is a desperate need to reduce the prison population because the level of overcrowding in our prisons is literally a matter of life and death,” Specter argued during a 90-minute emergency teleconference Thursday.\u003c/p>\n\u003cp>The coronavirus causes mild or moderate symptoms for most people, such as a fever and cough that clear up in two to three weeks. It can cause more severe illness, including pneumonia and death, for some, especially older adults and people with existing health problems.\u003c/p>\n\u003cp>Aside from freeing enough lower security offenders to clear space in dormitories, the inmates’ attorneys asked the judges to release each of the more than 5,000 inmates age 65 and up who have a place to go in the community, and those whose health conditions make them vulnerable to the respiratory illness.\u003c/p>\n\u003cp>State officials previously said they already are making “creative use” of gymnasiums and other open areas to separate inmates, as well as housing more in public and private lockups outside the prisons. They announced Friday that they are providing $8.7 million for counties that must house jail inmates blocked from transferring to state prisons, as well as to reimburse counties for supervising paroles released up to two months earlier than expected.\u003c/p>\n\u003cp>Aside from Mueller, the judicial panel includes U.S. District Judge Jon Tigar in Oakland and U.S. Circuit Judge Kim McLane Wardlaw from the 9th U.S. Circuit Court of Appeals\u003c/p>\n\u003cp>Only such a three-judge panel can order inmate releases, under federal law. The judges’ predecessors did so more than a decade ago, ordering the state to dramatically reduce its prison population to improve living conditions.\u003c/p>\n\u003cp>But the individual judges could — and have — ordered lesser relief many times over the years.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal judges on Saturday refused on procedural grounds to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates likened to a “tinderbox” ready to ignite with the rapid spread of the coronavirus.\u003c/p>\n\u003cp>But the three judges invited inmates’ attorneys to file a new motion with either or both of two individual judges who oversee major class action lawsuits over inmate medical and mental health care. Both judges are members of the three-judge panel, which also includes a federal appellate judge.\u003c/p>\n\u003cp>The judges virtually laid out a pathway for the inmates’ attorneys to seek help from the individual judges, and perhaps come back to the special panel after they lay the proper groundwork.\u003c/p>\n\u003cp>The special panel said it had no authority to address the coronavirus because it was convened 13 years ago to consider a different issue: whether general overcrowding was causing inhumane conditions.\u003c/p>\n\u003cp>“We take no satisfaction in turning away Plaintiffs’ motion without reaching the important question of whether Defendants have implemented constitutionally adequate measures to protect the inmates of California’s prisons from the serious threat posed by this unparalleled pandemic,” wrote two of the three judges. “But we are bound by (federal law) to reach this conclusion.”\u003c/p>\n\u003cp>The third judge, U.S. District Judge Kimberly Mueller of Sacramento, agreed on legal grounds but said she thought the special panel may ultimately retain its power to order inmates released “in light of the unprecedented exigent circumstances.”\u003c/p>\n\u003cp>Don Specter, one of the attorneys representing inmates, said they “will be refiling the motion before the single district court judges as soon as possible.”\u003c/p>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas said the state “has taken significant steps to address the safety and well-being of inmates and staff during the COVID-19 pandemic.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration already temporarily blocked the transfers of new inmates into prisons and ordered the early release within days of nonviolent inmates who had been scheduled for parole within the next two months. Those moves are expected to lower the population by as many as 6,500 inmates within 30 days.\u003c/p>\n\u003cp>Those steps are not enough to give inmates double-bunked in crowded dormitories the room they need to stay separated by at least 6 feet like the rest of the state’s population, said Specter, director of the nonprofit Prison Law Office. That means inmates will rapidly spread the coronavirus among themselves and, through prison employees, into the community at large, he argued. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Gov. Gavin Newsom issued an \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2020/03/3.24.20-EO-N-36-20.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">executive order\u003c/a> Tuesday evening suspending the intake of new prisoners into both state and juvenile facilities, citing the health and safety of current staff and inmates in state lockups.\u003c/p>\n\u003cp>Newsom said counties should keep teenagers and adults in local facilities for at least the next 30 days. He also ordered all parole hearings to be conducted via video conference for the next 60 days, and instructed the state Board of Parole Hearings to create a system by April 13 to conduct those hearings.\u003c/p>\n\u003cp>The order came after the first reports of coronavirus in the state system: One inmate and five staff members, spread across four separate prisons, have tested positive for COVID-19.\u003c/p>\n\u003cp>“In order to address the legitimate anxieties and concerns related to prisoners and to make sure that we have procedures and protocols in place to protect staff and inmates from COVID-19 … we are going to restrict the intake process in the system,” Newsom said in a \u003ca href=\"https://www.facebook.com/CAgovernor/videos/1512420388922184/\" target=\"_blank\" rel=\"noopener noreferrer\">video\u003c/a> posted Tuesday evening.\u003c/p>\n\u003cp>“We are putting together new protocols and procedures throughout that system — 35 prisons — to make sure that we are isolating people, that we are not mixing our prison populations as we tend to do with transfers and the like,” he added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Newsom said he wants to make sure that parole hearings are still carried out, but in a safe manner.\u003c/p>\n\u003cp>“In each and every circumstance, when people are made eligible, they go through a very formal process of interviews and reviews — that’s done in person,” he said. “Because of the nature of this virus, the nature of this moment, we are going to be changing the procedures and protocols.”\u003c/p>\n\u003cp>Newsom said that by starting a videoconference system, the state will still be able to “continue processing people that are eligible for parole … at the scale it’s been happening in the past.”\u003c/p>\n\u003cp>The order stops short of what many civil rights advocates and defense attorneys \u003ca href=\"https://www.kqed.org/news/11806916/calls-mount-for-release-of-vulnerable-prisoners-as-justice-system-struggles-to-respond-to-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">have been calling for\u003c/a>: a more widespread emptying of jails and prisons of inmates who are elderly and medically vulnerable, as well as those already set for release in the coming months. Scott Kernan, former secretary of the California Department of Corrections and Rehabilitation (CDCR) \u003ca href=\"https://www.kqed.org/news/11808282/california-prisons-are-a-tinderbox-of-potential-infection-former-cdcr-secretary-warns\" target=\"_blank\" rel=\"noopener noreferrer\">told KQED this week\u003c/a> that the correctional system is a “tinderbox of potential infection” and expressed concern for both staff and inmates.\u003c/p>\n\u003cp>[aside tag=\"coronavirus\" label=\"more coronavirus coverage\"]\u003c/p>\n\u003cp>More broadly, the virus has \u003ca href=\"https://www.kqed.org/news/11807632/from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">upended the criminal justice system\u003c/a> with courts shuttering and jails being closed to visitors.\u003c/p>\n\u003cp>CDCR has halted all visiting and programs in prisons, and has also suspended the transfer of inmates to three community reentry programs, citing the potential for staff to be exposed to the coronavirus during inmate transfers and the potential for inmates to catch the virus at those reentry facilities.\u003c/p>\n\u003cp>El Dorado County Probation Chief Brian Richart, who leads the statewide association representing probation chiefs, said in a written statement that since the state Department of Juvenile Justice won’t be accepting youth offenders, counties will need to prioritize high-risk and high-need young people at county facilities.\u003c/p>\n\u003cp>Those youth, he said, may “require a secure, safe environment.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“During these unprecedented times, we know there are only difficult choices as Gov. Newsom, state and local leaders tirelessly work to address the COVID-19 pandemic,” Richart said. “We agree that we do not want to create another crisis with the response to this crisis.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom issued an \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2020/03/3.24.20-EO-N-36-20.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">executive order\u003c/a> Tuesday evening suspending the intake of new prisoners into both state and juvenile facilities, citing the health and safety of current staff and inmates in state lockups.\u003c/p>\n\u003cp>Newsom said counties should keep teenagers and adults in local facilities for at least the next 30 days. He also ordered all parole hearings to be conducted via video conference for the next 60 days, and instructed the state Board of Parole Hearings to create a system by April 13 to conduct those hearings.\u003c/p>\n\u003cp>The order came after the first reports of coronavirus in the state system: One inmate and five staff members, spread across four separate prisons, have tested positive for COVID-19.\u003c/p>\n\u003cp>“In order to address the legitimate anxieties and concerns related to prisoners and to make sure that we have procedures and protocols in place to protect staff and inmates from COVID-19 … we are going to restrict the intake process in the system,” Newsom said in a \u003ca href=\"https://www.facebook.com/CAgovernor/videos/1512420388922184/\" target=\"_blank\" rel=\"noopener noreferrer\">video\u003c/a> posted Tuesday evening.\u003c/p>\n\u003cp>“We are putting together new protocols and procedures throughout that system — 35 prisons — to make sure that we are isolating people, that we are not mixing our prison populations as we tend to do with transfers and the like,” he added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Newsom said he wants to make sure that parole hearings are still carried out, but in a safe manner.\u003c/p>\n\u003cp>“In each and every circumstance, when people are made eligible, they go through a very formal process of interviews and reviews — that’s done in person,” he said. “Because of the nature of this virus, the nature of this moment, we are going to be changing the procedures and protocols.”\u003c/p>\n\u003cp>Newsom said that by starting a videoconference system, the state will still be able to “continue processing people that are eligible for parole … at the scale it’s been happening in the past.”\u003c/p>\n\u003cp>The order stops short of what many civil rights advocates and defense attorneys \u003ca href=\"https://www.kqed.org/news/11806916/calls-mount-for-release-of-vulnerable-prisoners-as-justice-system-struggles-to-respond-to-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">have been calling for\u003c/a>: a more widespread emptying of jails and prisons of inmates who are elderly and medically vulnerable, as well as those already set for release in the coming months. Scott Kernan, former secretary of the California Department of Corrections and Rehabilitation (CDCR) \u003ca href=\"https://www.kqed.org/news/11808282/california-prisons-are-a-tinderbox-of-potential-infection-former-cdcr-secretary-warns\" target=\"_blank\" rel=\"noopener noreferrer\">told KQED this week\u003c/a> that the correctional system is a “tinderbox of potential infection” and expressed concern for both staff and inmates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More broadly, the virus has \u003ca href=\"https://www.kqed.org/news/11807632/from-arrests-to-trials-and-jails-bay-areas-criminal-justice-system-reels-in-age-of-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">upended the criminal justice system\u003c/a> with courts shuttering and jails being closed to visitors.\u003c/p>\n\u003cp>CDCR has halted all visiting and programs in prisons, and has also suspended the transfer of inmates to three community reentry programs, citing the potential for staff to be exposed to the coronavirus during inmate transfers and the potential for inmates to catch the virus at those reentry facilities.\u003c/p>\n\u003cp>El Dorado County Probation Chief Brian Richart, who leads the statewide association representing probation chiefs, said in a written statement that since the state Department of Juvenile Justice won’t be accepting youth offenders, counties will need to prioritize high-risk and high-need young people at county facilities.\u003c/p>\n\u003cp>Those youth, he said, may “require a secure, safe environment.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“During these unprecedented times, we know there are only difficult choices as Gov. Newsom, state and local leaders tirelessly work to address the COVID-19 pandemic,” Richart said. “We agree that we do not want to create another crisis with the response to this crisis.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A man held at the California State Prison in Los Angeles County is the first inmate in the state to test positive for COVID-19, according to the California Department of Corrections and Rehabilitation. He was put in isolation on March 19 after telling staff he felt sick.\u003c/p>\n\u003cp>As of Monday, five correctional officers in three different prisons — California Institution for Men in Chino, Folsom State Prison and California State Prison, Sacramento — have also been diagnosed with the disease caused by the novel coronavirus. An employee at San Quentin State Prison reported on Friday to have tested positive for COVID-19 does not in fact have the disease, prison officials said Saturday.\u003c/p>\n\u003cp>Scott Kernan, a former secretary of CDCR, is among officials and inmate rights groups expressing concern over a potentially widespread outbreak in the state’s prisons and jails.\u003c/p>\n\u003cp>“You think cruise ships are a petri dish?” Kernan said in an interview Monday. “Prisons are even more so the mass of humanity. So I’m very concerned about my colleagues and the inmates and their families in jails and prisons across the country.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kernan said state leaders need to look at all options to reduce the prison population to mitigate the worst impacts of an outbreak. The state’s prisons are overcrowded, operating at about 130% of capacity, with more than 123,000 people incarcerated across California. An additional 65,000 people work for the state prison system.\u003c/p>\n\u003cp>However, all Board of Parole Hearings, which generally assess prisoners who are eligible for release, have been suspended for at least a week. In-person visits and nearly all rehabilitative and educational programs have been canceled in an attempt to slow the spread of the virus.\u003c/p>\n\u003cp>Kernan said the lack of activities and connection is also likely to take a toll on people being held in prison.\u003c/p>\n\u003cp>“It’s a tinderbox of potential infection as you go forward, especially if you are just watching what’s going on around the world,” he said. “I know Italy and Brazil had serious violence and even escapes and murders in the jails as a result of COVID-19.”\u003c/p>\n\u003cp>CDCR posted a list of precautions the department is implementing, which includes social distancing, a two-week quarantine for all new inmates and immediate isolation for anyone who has a fever, to prevent the spread of the disease.\u003c/p>\n\u003cp>[aside label='More Coronavirus Coverage' tag='coronavirus']But the Prison Law Office and a number of other advocacy groups are also pushing for the state to do more to protect the elderly and those with compromised immune systems in prison.\u003c/p>\n\u003cp>“We’ve been imploring the state through various channels to do what county jails are doing all over the state, which is reduce the density of the population by releasing people who are low risk,” said Don Specter, executive director of the Prison Law Office.\u003c/p>\n\u003cp>Last week, the Santa Clara County and Alameda County sheriffs both moved to release hundreds of people early from jail. San Francisco courts have ordered dozens of inmates released early. Contra Costa County is also looking at steps to cut down the number of people held in jail.\u003c/p>\n\u003cp>On Monday, a group of 28 advocacy organizations wrote a letter to California Attorney General Xavier Becerra requesting the state’s top cop expand these localized efforts by directing all sheriffs to release people who have six months or less left on their sentences and asking local law enforcement to reduce arrests and bookings.\u003c/p>\n\u003cp>“Without action, thousands will likely die with the suffering falling disproportionately on low-income families, particularly Black and Latinx families,” the letter says.\u003c/p>\n\u003cp>Gov. Gavin Newsom addressed the calls from advocates in his Monday afternoon briefing.\u003c/p>\n\u003cp>“I have no interest — and I want to make this crystal clear — in releasing violent criminals from our system. I won’t use a crisis as an excuse to create another crisis,” he said.\u003c/p>\n\u003cp>Newsom said he has a task force looking at how to release people incarcerated for non-violent crimes in a “deliberative” way. He warned that the large-scale release of tens of thousands of prisoners called for by advocacy groups could cause a whole new set of problems for emergency medical providers.\u003c/p>\n\u003cp>“If we start to release prisoners that are not prepared with their parole plans, they may end up out on the streets and sidewalks, in a homeless shelter,” Newsom said.\u003c/p>\n\u003cp>So far, the prison system has not announced any concrete steps to release people. A spokesperson for CDCR declined to answer questions, but said the department has been posting all COVID-19 updates directly on its website.\u003c/p>\n\u003cp>“We are continuously evaluating and implementing proactive measures to help prevent the spread of COVID-19 and keep our CDCR population and the community-at-large safe,” the CDCR website says. “Additional measures will continue to be developed based on the rapidly-evolving situation.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A man held at the California State Prison in Los Angeles County is the first inmate in the state to test positive for COVID-19, according to the California Department of Corrections and Rehabilitation. He was put in isolation on March 19 after telling staff he felt sick.\u003c/p>\n\u003cp>As of Monday, five correctional officers in three different prisons — California Institution for Men in Chino, Folsom State Prison and California State Prison, Sacramento — have also been diagnosed with the disease caused by the novel coronavirus. An employee at San Quentin State Prison reported on Friday to have tested positive for COVID-19 does not in fact have the disease, prison officials said Saturday.\u003c/p>\n\u003cp>Scott Kernan, a former secretary of CDCR, is among officials and inmate rights groups expressing concern over a potentially widespread outbreak in the state’s prisons and jails.\u003c/p>\n\u003cp>“You think cruise ships are a petri dish?” Kernan said in an interview Monday. “Prisons are even more so the mass of humanity. So I’m very concerned about my colleagues and the inmates and their families in jails and prisons across the country.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kernan said state leaders need to look at all options to reduce the prison population to mitigate the worst impacts of an outbreak. The state’s prisons are overcrowded, operating at about 130% of capacity, with more than 123,000 people incarcerated across California. An additional 65,000 people work for the state prison system.\u003c/p>\n\u003cp>However, all Board of Parole Hearings, which generally assess prisoners who are eligible for release, have been suspended for at least a week. In-person visits and nearly all rehabilitative and educational programs have been canceled in an attempt to slow the spread of the virus.\u003c/p>\n\u003cp>Kernan said the lack of activities and connection is also likely to take a toll on people being held in prison.\u003c/p>\n\u003cp>“It’s a tinderbox of potential infection as you go forward, especially if you are just watching what’s going on around the world,” he said. “I know Italy and Brazil had serious violence and even escapes and murders in the jails as a result of COVID-19.”\u003c/p>\n\u003cp>CDCR posted a list of precautions the department is implementing, which includes social distancing, a two-week quarantine for all new inmates and immediate isolation for anyone who has a fever, to prevent the spread of the disease.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But the Prison Law Office and a number of other advocacy groups are also pushing for the state to do more to protect the elderly and those with compromised immune systems in prison.\u003c/p>\n\u003cp>“We’ve been imploring the state through various channels to do what county jails are doing all over the state, which is reduce the density of the population by releasing people who are low risk,” said Don Specter, executive director of the Prison Law Office.\u003c/p>\n\u003cp>Last week, the Santa Clara County and Alameda County sheriffs both moved to release hundreds of people early from jail. San Francisco courts have ordered dozens of inmates released early. Contra Costa County is also looking at steps to cut down the number of people held in jail.\u003c/p>\n\u003cp>On Monday, a group of 28 advocacy organizations wrote a letter to California Attorney General Xavier Becerra requesting the state’s top cop expand these localized efforts by directing all sheriffs to release people who have six months or less left on their sentences and asking local law enforcement to reduce arrests and bookings.\u003c/p>\n\u003cp>“Without action, thousands will likely die with the suffering falling disproportionately on low-income families, particularly Black and Latinx families,” the letter says.\u003c/p>\n\u003cp>Gov. Gavin Newsom addressed the calls from advocates in his Monday afternoon briefing.\u003c/p>\n\u003cp>“I have no interest — and I want to make this crystal clear — in releasing violent criminals from our system. I won’t use a crisis as an excuse to create another crisis,” he said.\u003c/p>\n\u003cp>Newsom said he has a task force looking at how to release people incarcerated for non-violent crimes in a “deliberative” way. He warned that the large-scale release of tens of thousands of prisoners called for by advocacy groups could cause a whole new set of problems for emergency medical providers.\u003c/p>\n\u003cp>“If we start to release prisoners that are not prepared with their parole plans, they may end up out on the streets and sidewalks, in a homeless shelter,” Newsom said.\u003c/p>\n\u003cp>So far, the prison system has not announced any concrete steps to release people. A spokesperson for CDCR declined to answer questions, but said the department has been posting all COVID-19 updates directly on its website.\u003c/p>\n\u003cp>“We are continuously evaluating and implementing proactive measures to help prevent the spread of COVID-19 and keep our CDCR population and the community-at-large safe,” the CDCR website says. “Additional measures will continue to be developed based on the rapidly-evolving situation.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "metoo-behind-bars-new-records-shed-light-on-sexual-abuse-inside-state-womens-prisons",
"title": "#MeToo Behind Bars: Records Shed Light on Sexual Abuse Inside State Women’s Prisons",
"publishDate": 1573740077,
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"headTitle": "#MeToo Behind Bars: Records Shed Light on Sexual Abuse Inside State Women’s Prisons | KQED",
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"content": "\u003cp>A state prison inmate incarcerated at the Central California Women’s Facility was awaiting her group therapy session on Aug. 23, 2017. She stepped backward in her cell toward the door, where Correctional Officer Israel Trevino waited with waist restraints.\u003c/p>\n\u003cp>As he attached the chains, he reached down with both of his hands “to grope and fondle her buttocks,” according to an internal investigation that led to Trevino’s firing.[pullquote size=\"medium\" align=\"right\" citation=\"Amika Mota, Formerly Incarcerated Advocate\"]‘What does it mean to feel constantly harassed, where they think it’s consensual and we think it’s not but we can’t ever say it?’[/pullquote]\u003c/p>\n\u003cp>“Hey, what the fuck are you doing?” the inmate, whose name was redacted in reports, is quoted as saying.\u003c/p>\n\u003cp>“You have a big butt,” Trevino replied.\u003c/p>\n\u003cp>This wasn’t the only time Trevino sexually abused an inmate in his custody, according to the investigation’s findings.\u003c/p>\n\u003cp>The former correctional officer — who was responsible for escorting inmates from their cells to their appointments and to the shower — tried to pull up a woman’s shirt and put his hand down her pants on an unspecified date in 2017, investigators for the California Department of Corrections and Rehabilitation found.\u003c/p>\n\u003cp>That inmate said Trevino squeezed her buttocks over her clothing while escorting her and tried to get her to expose her breasts and vagina.\u003c/p>\n\u003cp>“Come on, show me something,” he pressured her, according to the records.\u003cbr>\n[ad fullwidth]\u003cbr>\nTrevino was investigated after an inmate complained about the groping to her prison social worker, who reported the allegation.\u003c/p>\n\u003cp>Prison officials fired Trevino in 2018 for sexual misconduct. He had worked at the women’s prison for over a decade and had been formally warned for making sexually harassing comments to inmates, according to records from the Office of the Inspector General for California prisons.\u003c/p>\n\u003cp>Attempts to reach Trevino for comment were unsuccessful.\u003c/p>\n\u003cp>Prison system spokeswoman Dana Simas responded in a written statement that officials moved to protect incarcerated women when the 2017 allegations surfaced.\u003c/p>\n\u003cp>“Trevino was barred from entering the secured perimeter of the prison to prevent further inmate contact during the pendency of the investigation,” Simas wrote.\u003c/p>\n\u003cp>The department fired at least six male correctional officers for sexually abusing women in their custody between 2014 and 2018, according to internal records released to KQED under a new state transparency law and court filings.\u003c/p>\n\u003cp>Some groped the inmates, while others engaged in oral sex or intercourse. The disciplinary records, which are still incomplete, provide a first-ever glimpse into how the prison system deals with sexual exploitation by its officers.\u003c/p>\n\u003cp>The names of the women involved are redacted in the records, and two named witnesses did not respond to requests for interviews.\u003c/p>\n\u003cp>While the number of dismissals for sexual misconduct is extremely rare among the roughly 26,000 correctional officers who work at California prisons, inmate advocates say sexual abuse by staff is more rampant than the records show because few officers get reported or investigated.\u003c/p>\n\u003cfigure id=\"attachment_11786504\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11786504\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-800x788.jpg\" alt=\"Amika Mota on picture day in 2011 at the Central California Women’s Facility.\" width=\"800\" height=\"788\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-800x788.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-160x158.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-1020x1004.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-1200x1181.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy.jpg 1549w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Amika Mota on picture day in 2011 at the Central California Women’s Facility. \u003ccite>(Courtesy of Amika Mota)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Amika Mota is trying to change that. She spent most of a nine-year prison sentence for vehicular manslaughter at the Central California Women’s Facility in Chowchilla, north of Fresno in the Central Valley. She said she and other incarcerated women put up with sexual advances because they depended on correctional officers for access to clean laundry, phone calls, tampons, time out of their cell and other basic needs.\u003c/p>\n\u003cp>“There’s not a bone in my body that ever felt attracted to any of these officers or felt like any of the words we spoke were true,” Mota said. “It was just this survival technique to play along.”\u003c/p>\n\u003cp>Officers can also write up inmates, which can result in extending a prison sentence.\u003c/p>\n\u003cp>One officer in her housing unit, who Mota declined to name, demanded that she write sexually explicit letters to him. She also described an officer who expected to see women without their clothes on.\u003c/p>\n\u003cp>“He would be really appreciative if during count we were in our bras,” she said.\u003c/p>\n\u003cp>Mota said she never reported any harassment, fearing retaliation.\u003c/p>\n\u003cp>She joined the Bay Area-based Young Women’s Freedom Center after she was released in 2015. She’s now part of a new movement called Me Too Behind Bars, working to expose sexual abuse of people in prison and jail.\u003c/p>\n\u003cp>“What does it mean to feel constantly harassed, where they think it’s consensual and we think it’s not but we can’t ever say it?” Mota said.\u003c/p>\n\u003cp>The state’s inmate population includes nearly 5,000 women, about 4% of the 124,000 prisoners in the system.\u003c/p>\n\u003cp>State prison officials say they have been trying to improve conditions for female inmates in recent years, including enforcing a zero tolerance policy for sexual misconduct.\u003c/p>\n\u003cp>“All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited,” prisons spokeswoman Simas wrote in an Oct. 11 email.\u003c/p>\n\u003cp>The state prison system also investigates and tracks all allegations of sexual assault and harassment by staff, including correctional officers, to comply with the federal Prison Rape Elimination Act. In 2018, 337 staff-on-inmate incidents were reported in California prisons.\u003c/p>\n\u003cp>Investigations substantiated just three of those allegations.\u003c/p>\n\u003cfigure id=\"attachment_11786575\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11786575 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-800x450.jpg\" alt=\"\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-1200x675.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">(Kelly Heigert/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Independent probes into the culture in women’s lockups have found that these formally reported allegations likely capture only a fraction of the abuse and harassment of incarcerated women by prison staff.\u003c/p>\n\u003cp>The Prison Law Office, which monitors conditions for inmates as part of a settlement in a decades-old federal class action lawsuit, has interviewed hundreds of women at the Central Valley prison and documented their complaints for the court.\u003c/p>\n\u003cp>The firm \u003ca href=\"https://prisonlaw.com///wp-content/uploads/2016/08/16.08.18-Prison-Law-Office-report-on-CCWF.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">reported in 2016\u003c/a> that out of a random sample of 80 women, nearly all had experienced sexual abuse or harassment while incarcerated. A second round of interviews turned up similar complaints, often at the hands of the same officers. The firm faulted a culture of bigotry and sexism at the prison.\u003c/p>\n\u003cp>“It was a constant stream of verbal sexual harassment or misogynist statements,” attorney Corene Kendrick said, “kind of cat-calling at its highest level.”\u003c/p>\n\u003cp>A lot of women complained the prison officers constantly addressed them as “bitches” or “hos,” Kendrick said. “When they’d make the announcements on the PA system, you know, it’d be ‘Hey bitches, time to go to lunch.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11786524\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11786524\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-800x600.jpeg\" alt=\"Amika Mota poses for a portrait at her home in the San Francisco Bay Area on Sept. 26, holding a framed collage of her 'prison family.'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2.jpeg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1832x1374.jpeg 1832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1376x1032.jpeg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1044x783.jpeg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-632x474.jpeg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-536x402.jpeg 536w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Amika Mota poses for a portrait at her home in the San Francisco Bay Area on Sept. 26, holding a framed collage of her ‘prison family.’ \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sexual abuse of female prisoners isn’t confined to a single facility, records obtained by KQED revealed. Four correctional officers in the state’s other major women’s prison — in Southern California — were also fired in recent years for sexual misconduct.\u003c/p>\n\u003cp>In 2017 alone, three officers at the California Institution for Women in San Bernardino County had sexual contact with inmates in or near their housing units.\u003c/p>\n\u003cp>Officer Robert Darrow was working an overtime shift in a housing unit on May 12, 2017, when he pulled one of the women responsible for cleaning and mopping the dorm into a broom closet, according to a transcript of a preliminary hearing in a criminal case against him.\u003c/p>\n\u003cp>“She said that he entered in behind her,” an investigator testified. “She was facing away from him. He closed the door. And then he bent her over, pulled her sweatpants down — she didn’t have any underwear — and then he moved his head down and orally copulated her.”\u003c/p>\n\u003cp>The encounter lasted only three minutes, according to the testimony, because Darrow heard a noise outside the closet and stopped.\u003c/p>\n\u003cp>In that same month, Officer Tony Garcia sent all the women in a housing unit to breakfast, but one. The woman performed oral sex on him in her cell. He ejaculated on her nightgown, which the woman hid and later turned over to internal affairs. Investigators tested the semen on the nightgown and confirmed it belonged to Garcia.\u003c/p>\n\u003cp>A third case involved Officer Stephen Merrill entering the cell of two female inmates at 3:30 a.m. on Oct. 30, 2017, and groping them.\u003c/p>\n\u003cp>An investigation found, “As inmate [REDACTED] stood by the door facing the inside of the cell, she bent over and you inserted your right hand from behind her into her underwear. You grabbed her buttocks. After removing your hand from her underwear, you tasted your fingers by placing them into your mouth.”\u003c/p>\n\u003caside class=\"alignright\">\u003cstrong>Correctional Officers Fired for Sexual Misconduct 2015-2018\u003c/strong>\u003cbr>\n\u003cem>Click links to read source records.\u003c/em>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Michael Ewell\u003cbr>\n\u003ca href=\"https://scholar.google.com/scholar_case?case=8214744705036891733&hl=en&as_sdt=6&as_vis=1&oi=scholarr\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2015 for having a sexual relationship with an inmate\u003cbr>\nNo criminal charges\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Tony Garcia\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548710-Garcia-Tony-NOAA-S-CIW-182-17-D.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for engaging in oral sex with an inmate\u003cbr>\nPleaded no contest to felony charge for sex with a consenting inmate\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Sergio Rios\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548723-Rios-Sergio-NOAA-C-CCWF-580-16-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2017 for having a sexual relationship with an inmate\u003cbr>\nCriminal charges were dropped\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Robert Darrow\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548989-PPL-v-Robert-Darrow-Preliminary-Hearing.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2017 for having oral sex with an inmate\u003cbr>\nCriminal charges were dropped\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Stephen Merrill\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548699-Merrill-Stephen-NOAA-S-CIW-351-17-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for groping two inmates\u003cbr>\nPleaded no contest to felony charge for sex with a consenting inmate\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli>Israel Trevino\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548675-Trevino-I-NOAA-C-CCWF-423-17-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for groping and harassing inmates\u003cbr>\nNo criminal charges\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The other inmate then faced the inside of the cell and bent over. Merrill reportedly also groped her from behind.\u003c/p>\n\u003cp>The disciplinary decision released by prison officials doesn’t provide further details about the incident.\u003c/p>\n\u003cp>Under state and federal statutes, inmates cannot consent to sex with prison guards. Sustained findings of sexual misconduct by a correctional officer will result in dismissal, according to prison policies, and can be grounds for criminal prosecution. All three correctional officers at the Southern California women’s prison were fired and charged with felony sex crimes. Attorneys representing them did not return requests for comment.\u003c/p>\n\u003cp>Merrill and Garcia took plea deals, according to court records. Garcia served two days in jail and was placed on probation. Merrill’s two-year prison sentence was suspended as he completes three years of probation. He was also sentenced to less than a year of county jail time, eligible for work and weekend release.\u003c/p>\n\u003cp>Prosecutors in the case against Darrow argued he had “a history of being investigated for sexual activity with inmates,” according to a preliminary hearing transcript in the case. But the San Bernardino County district attorney suddenly dropped the charges against him in March of this year. Deputy DA Lisa Mann, who prosecuted the case, declined to answer any questions.\u003c/p>\n\u003cp>Some officers are never even charged, though.\u003c/p>\n\u003cp>In Israel Trevino’s case from the Central Valley prison, it took officials eight months to dismiss him for sexually abusing inmates. He was fired in April 2018.\u003c/p>\n\u003cp>Prison officials never referred Trevino for criminal charges — due to insufficient evidence, according to a spokeswoman. That’s despite investigators’ findings that he repeatedly groped women in his custody.\u003c/p>\n\u003cp>“The Central Region Criminal Investigation team, after a full review of the material, recommended the case instead be opened as an administrative investigation,” spokeswoman Simas wrote.\u003c/p>\n\u003cp>The Office of Inspector General for California prisons monitors all investigations of sexual assault and harassment by officers and issues public reports.[pullquote size=\"medium\" align=\"left\" citation=\"Roy Wesley, Inspector General for California Prisons\"]‘Our power is to write about it and to bring transparency to the public because otherwise nobody knows what happens in these things.’[/pullquote]\u003c/p>\n\u003cp>In Trevino’s case, the Office of the Inspector General noted several deficiencies in the prison’s investigation. A prison investigator “scheduled case conferences and critical witness interviews for when he knew the OIG would not be available, and only cooperated after the OIG elevated the issue to his supervisor,” according to a 2018 inspector general’s discipline monitoring report.\u003c/p>\n\u003cp>The office’s case review also faulted the investigation for failing to substantiate that Trevino was dishonest “when he denied that he made inappropriate, derogatory and sexually harassing comments to inmates.”\u003c/p>\n\u003cp>“We have no authority to tell the department, ‘You have to do what we think you should do,’ ” said Inspector General Roy Wesley. “Our power is to write about it and to bring transparency to the public because otherwise nobody knows what happens in these things.”\u003c/p>\n\u003cp>Inmate advocates would like California to create another oversight body with more teeth.\u003c/p>\n\u003cp>They also agree with the Prison Law Office’s recommendation that CDCR hire mostly female correctional officers to work inside the women’s housing units.\u003c/p>\n\u003cp>All of the male officers fired for sexual misconduct inside California women’s prisons in recent years had access to areas of the housing units where women are changing. Federal law mandates that male officers announce their presence upon entering those areas, but otherwise does not restrict their presence.[aside postID=\"news_11777176,news_11770926,news_11740176\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Attorneys with the Prison Law Office think prison officials could prevent a lot of abuse by cutting off that access.\u003c/p>\n\u003cp>“Washington Department of Corrections at one of their women’s prisons made it a requirement that only women apply for certain positions working inside the housing units where the women live, sleep and bathe,” said Prison Law Office attorney Kendrick.\u003c/p>\n\u003cp>The California prison system has been moving in that direction, according to spokeswoman Simas. A greater percentage of jobs in housing units are designated for female officers only, and the prison system is pushing to recruit more women.\u003c/p>\n\u003cp>Currently, women make up roughly a third of officers at the two main female prisons in the state.\u003c/p>\n\u003cp>Mota is still working to turn her experience in prison into an instrument for change. Thinking about the years she was scrutinized and objectified in prison by officers who considered her “their girl” makes her anxious and shaky.\u003c/p>\n\u003cp>“It’s not the rules, or the regulations, it’s the culture,” Mota said. “How do you deeply affect this culture that’s existed for so long where it’s ‘normal’ and ‘OK’ to do this shit in prison?”\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-11786529\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/crp-alt-logo-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the California Reporting Project, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Hey, what the fuck are you doing?” the inmate, whose name was redacted in reports, is quoted as saying.\u003c/p>\n\u003cp>“You have a big butt,” Trevino replied.\u003c/p>\n\u003cp>This wasn’t the only time Trevino sexually abused an inmate in his custody, according to the investigation’s findings.\u003c/p>\n\u003cp>The former correctional officer — who was responsible for escorting inmates from their cells to their appointments and to the shower — tried to pull up a woman’s shirt and put his hand down her pants on an unspecified date in 2017, investigators for the California Department of Corrections and Rehabilitation found.\u003c/p>\n\u003cp>That inmate said Trevino squeezed her buttocks over her clothing while escorting her and tried to get her to expose her breasts and vagina.\u003c/p>\n\u003cp>“Come on, show me something,” he pressured her, according to the records.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nTrevino was investigated after an inmate complained about the groping to her prison social worker, who reported the allegation.\u003c/p>\n\u003cp>Prison officials fired Trevino in 2018 for sexual misconduct. He had worked at the women’s prison for over a decade and had been formally warned for making sexually harassing comments to inmates, according to records from the Office of the Inspector General for California prisons.\u003c/p>\n\u003cp>Attempts to reach Trevino for comment were unsuccessful.\u003c/p>\n\u003cp>Prison system spokeswoman Dana Simas responded in a written statement that officials moved to protect incarcerated women when the 2017 allegations surfaced.\u003c/p>\n\u003cp>“Trevino was barred from entering the secured perimeter of the prison to prevent further inmate contact during the pendency of the investigation,” Simas wrote.\u003c/p>\n\u003cp>The department fired at least six male correctional officers for sexually abusing women in their custody between 2014 and 2018, according to internal records released to KQED under a new state transparency law and court filings.\u003c/p>\n\u003cp>Some groped the inmates, while others engaged in oral sex or intercourse. The disciplinary records, which are still incomplete, provide a first-ever glimpse into how the prison system deals with sexual exploitation by its officers.\u003c/p>\n\u003cp>The names of the women involved are redacted in the records, and two named witnesses did not respond to requests for interviews.\u003c/p>\n\u003cp>While the number of dismissals for sexual misconduct is extremely rare among the roughly 26,000 correctional officers who work at California prisons, inmate advocates say sexual abuse by staff is more rampant than the records show because few officers get reported or investigated.\u003c/p>\n\u003cfigure id=\"attachment_11786504\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11786504\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-800x788.jpg\" alt=\"Amika Mota on picture day in 2011 at the Central California Women’s Facility.\" width=\"800\" height=\"788\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-800x788.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-160x158.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-1020x1004.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy-1200x1181.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Courtesy.jpg 1549w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Amika Mota on picture day in 2011 at the Central California Women’s Facility. \u003ccite>(Courtesy of Amika Mota)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Amika Mota is trying to change that. She spent most of a nine-year prison sentence for vehicular manslaughter at the Central California Women’s Facility in Chowchilla, north of Fresno in the Central Valley. She said she and other incarcerated women put up with sexual advances because they depended on correctional officers for access to clean laundry, phone calls, tampons, time out of their cell and other basic needs.\u003c/p>\n\u003cp>“There’s not a bone in my body that ever felt attracted to any of these officers or felt like any of the words we spoke were true,” Mota said. “It was just this survival technique to play along.”\u003c/p>\n\u003cp>Officers can also write up inmates, which can result in extending a prison sentence.\u003c/p>\n\u003cp>One officer in her housing unit, who Mota declined to name, demanded that she write sexually explicit letters to him. She also described an officer who expected to see women without their clothes on.\u003c/p>\n\u003cp>“He would be really appreciative if during count we were in our bras,” she said.\u003c/p>\n\u003cp>Mota said she never reported any harassment, fearing retaliation.\u003c/p>\n\u003cp>She joined the Bay Area-based Young Women’s Freedom Center after she was released in 2015. She’s now part of a new movement called Me Too Behind Bars, working to expose sexual abuse of people in prison and jail.\u003c/p>\n\u003cp>“What does it mean to feel constantly harassed, where they think it’s consensual and we think it’s not but we can’t ever say it?” Mota said.\u003c/p>\n\u003cp>The state’s inmate population includes nearly 5,000 women, about 4% of the 124,000 prisoners in the system.\u003c/p>\n\u003cp>State prison officials say they have been trying to improve conditions for female inmates in recent years, including enforcing a zero tolerance policy for sexual misconduct.\u003c/p>\n\u003cp>“All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited,” prisons spokeswoman Simas wrote in an Oct. 11 email.\u003c/p>\n\u003cp>The state prison system also investigates and tracks all allegations of sexual assault and harassment by staff, including correctional officers, to comply with the federal Prison Rape Elimination Act. In 2018, 337 staff-on-inmate incidents were reported in California prisons.\u003c/p>\n\u003cp>Investigations substantiated just three of those allegations.\u003c/p>\n\u003cfigure id=\"attachment_11786575\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11786575 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-800x450.jpg\" alt=\"\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1-1200x675.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/CDCR-Sexual-Abuse-Cases-Sustained-by-Internal-Investigations-GRAPHIC1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">(Kelly Heigert/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Independent probes into the culture in women’s lockups have found that these formally reported allegations likely capture only a fraction of the abuse and harassment of incarcerated women by prison staff.\u003c/p>\n\u003cp>The Prison Law Office, which monitors conditions for inmates as part of a settlement in a decades-old federal class action lawsuit, has interviewed hundreds of women at the Central Valley prison and documented their complaints for the court.\u003c/p>\n\u003cp>The firm \u003ca href=\"https://prisonlaw.com///wp-content/uploads/2016/08/16.08.18-Prison-Law-Office-report-on-CCWF.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">reported in 2016\u003c/a> that out of a random sample of 80 women, nearly all had experienced sexual abuse or harassment while incarcerated. A second round of interviews turned up similar complaints, often at the hands of the same officers. The firm faulted a culture of bigotry and sexism at the prison.\u003c/p>\n\u003cp>“It was a constant stream of verbal sexual harassment or misogynist statements,” attorney Corene Kendrick said, “kind of cat-calling at its highest level.”\u003c/p>\n\u003cp>A lot of women complained the prison officers constantly addressed them as “bitches” or “hos,” Kendrick said. “When they’d make the announcements on the PA system, you know, it’d be ‘Hey bitches, time to go to lunch.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11786524\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11786524\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-800x600.jpeg\" alt=\"Amika Mota poses for a portrait at her home in the San Francisco Bay Area on Sept. 26, holding a framed collage of her 'prison family.'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2.jpeg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1832x1374.jpeg 1832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1376x1032.jpeg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-1044x783.jpeg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-632x474.jpeg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/Amika-Mota-Pose-2-536x402.jpeg 536w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Amika Mota poses for a portrait at her home in the San Francisco Bay Area on Sept. 26, holding a framed collage of her ‘prison family.’ \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sexual abuse of female prisoners isn’t confined to a single facility, records obtained by KQED revealed. Four correctional officers in the state’s other major women’s prison — in Southern California — were also fired in recent years for sexual misconduct.\u003c/p>\n\u003cp>In 2017 alone, three officers at the California Institution for Women in San Bernardino County had sexual contact with inmates in or near their housing units.\u003c/p>\n\u003cp>Officer Robert Darrow was working an overtime shift in a housing unit on May 12, 2017, when he pulled one of the women responsible for cleaning and mopping the dorm into a broom closet, according to a transcript of a preliminary hearing in a criminal case against him.\u003c/p>\n\u003cp>“She said that he entered in behind her,” an investigator testified. “She was facing away from him. He closed the door. And then he bent her over, pulled her sweatpants down — she didn’t have any underwear — and then he moved his head down and orally copulated her.”\u003c/p>\n\u003cp>The encounter lasted only three minutes, according to the testimony, because Darrow heard a noise outside the closet and stopped.\u003c/p>\n\u003cp>In that same month, Officer Tony Garcia sent all the women in a housing unit to breakfast, but one. The woman performed oral sex on him in her cell. He ejaculated on her nightgown, which the woman hid and later turned over to internal affairs. Investigators tested the semen on the nightgown and confirmed it belonged to Garcia.\u003c/p>\n\u003cp>A third case involved Officer Stephen Merrill entering the cell of two female inmates at 3:30 a.m. on Oct. 30, 2017, and groping them.\u003c/p>\n\u003cp>An investigation found, “As inmate [REDACTED] stood by the door facing the inside of the cell, she bent over and you inserted your right hand from behind her into her underwear. You grabbed her buttocks. After removing your hand from her underwear, you tasted your fingers by placing them into your mouth.”\u003c/p>\n\u003caside class=\"alignright\">\u003cstrong>Correctional Officers Fired for Sexual Misconduct 2015-2018\u003c/strong>\u003cbr>\n\u003cem>Click links to read source records.\u003c/em>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Michael Ewell\u003cbr>\n\u003ca href=\"https://scholar.google.com/scholar_case?case=8214744705036891733&hl=en&as_sdt=6&as_vis=1&oi=scholarr\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2015 for having a sexual relationship with an inmate\u003cbr>\nNo criminal charges\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Tony Garcia\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548710-Garcia-Tony-NOAA-S-CIW-182-17-D.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for engaging in oral sex with an inmate\u003cbr>\nPleaded no contest to felony charge for sex with a consenting inmate\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Sergio Rios\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548723-Rios-Sergio-NOAA-C-CCWF-580-16-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2017 for having a sexual relationship with an inmate\u003cbr>\nCriminal charges were dropped\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Robert Darrow\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548989-PPL-v-Robert-Darrow-Preliminary-Hearing.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2017 for having oral sex with an inmate\u003cbr>\nCriminal charges were dropped\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>Stephen Merrill\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548699-Merrill-Stephen-NOAA-S-CIW-351-17-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for groping two inmates\u003cbr>\nPleaded no contest to felony charge for sex with a consenting inmate\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cul>\n\u003cli>Israel Trevino\u003cbr>\n\u003ca href=\"https://www.documentcloud.org/documents/6548675-Trevino-I-NOAA-C-CCWF-423-17-A.html\" target=\"_blank\" rel=\"noopener noreferrer\">Terminated\u003c/a> in 2018 for groping and harassing inmates\u003cbr>\nNo criminal charges\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The other inmate then faced the inside of the cell and bent over. Merrill reportedly also groped her from behind.\u003c/p>\n\u003cp>The disciplinary decision released by prison officials doesn’t provide further details about the incident.\u003c/p>\n\u003cp>Under state and federal statutes, inmates cannot consent to sex with prison guards. Sustained findings of sexual misconduct by a correctional officer will result in dismissal, according to prison policies, and can be grounds for criminal prosecution. All three correctional officers at the Southern California women’s prison were fired and charged with felony sex crimes. Attorneys representing them did not return requests for comment.\u003c/p>\n\u003cp>Merrill and Garcia took plea deals, according to court records. Garcia served two days in jail and was placed on probation. Merrill’s two-year prison sentence was suspended as he completes three years of probation. He was also sentenced to less than a year of county jail time, eligible for work and weekend release.\u003c/p>\n\u003cp>Prosecutors in the case against Darrow argued he had “a history of being investigated for sexual activity with inmates,” according to a preliminary hearing transcript in the case. But the San Bernardino County district attorney suddenly dropped the charges against him in March of this year. Deputy DA Lisa Mann, who prosecuted the case, declined to answer any questions.\u003c/p>\n\u003cp>Some officers are never even charged, though.\u003c/p>\n\u003cp>In Israel Trevino’s case from the Central Valley prison, it took officials eight months to dismiss him for sexually abusing inmates. He was fired in April 2018.\u003c/p>\n\u003cp>Prison officials never referred Trevino for criminal charges — due to insufficient evidence, according to a spokeswoman. That’s despite investigators’ findings that he repeatedly groped women in his custody.\u003c/p>\n\u003cp>“The Central Region Criminal Investigation team, after a full review of the material, recommended the case instead be opened as an administrative investigation,” spokeswoman Simas wrote.\u003c/p>\n\u003cp>The Office of Inspector General for California prisons monitors all investigations of sexual assault and harassment by officers and issues public reports.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In Trevino’s case, the Office of the Inspector General noted several deficiencies in the prison’s investigation. A prison investigator “scheduled case conferences and critical witness interviews for when he knew the OIG would not be available, and only cooperated after the OIG elevated the issue to his supervisor,” according to a 2018 inspector general’s discipline monitoring report.\u003c/p>\n\u003cp>The office’s case review also faulted the investigation for failing to substantiate that Trevino was dishonest “when he denied that he made inappropriate, derogatory and sexually harassing comments to inmates.”\u003c/p>\n\u003cp>“We have no authority to tell the department, ‘You have to do what we think you should do,’ ” said Inspector General Roy Wesley. “Our power is to write about it and to bring transparency to the public because otherwise nobody knows what happens in these things.”\u003c/p>\n\u003cp>Inmate advocates would like California to create another oversight body with more teeth.\u003c/p>\n\u003cp>They also agree with the Prison Law Office’s recommendation that CDCR hire mostly female correctional officers to work inside the women’s housing units.\u003c/p>\n\u003cp>All of the male officers fired for sexual misconduct inside California women’s prisons in recent years had access to areas of the housing units where women are changing. Federal law mandates that male officers announce their presence upon entering those areas, but otherwise does not restrict their presence.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Attorneys with the Prison Law Office think prison officials could prevent a lot of abuse by cutting off that access.\u003c/p>\n\u003cp>“Washington Department of Corrections at one of their women’s prisons made it a requirement that only women apply for certain positions working inside the housing units where the women live, sleep and bathe,” said Prison Law Office attorney Kendrick.\u003c/p>\n\u003cp>The California prison system has been moving in that direction, according to spokeswoman Simas. A greater percentage of jobs in housing units are designated for female officers only, and the prison system is pushing to recruit more women.\u003c/p>\n\u003cp>Currently, women make up roughly a third of officers at the two main female prisons in the state.\u003c/p>\n\u003cp>Mota is still working to turn her experience in prison into an instrument for change. Thinking about the years she was scrutinized and objectified in prison by officers who considered her “their girl” makes her anxious and shaky.\u003c/p>\n\u003cp>“It’s not the rules, or the regulations, it’s the culture,” Mota said. “How do you deeply affect this culture that’s existed for so long where it’s ‘normal’ and ‘OK’ to do this shit in prison?”\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-11786529\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/11/crp-alt-logo-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the California Reporting Project, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "as-da-kamala-harris-prosecuted-a-mentally-ill-woman-shot-by-police-the-jury-didnt-buy-it",
"title": "As DA, Kamala Harris Prosecuted a Mentally Ill Woman Shot by Police. The Jury Didn’t Buy It",
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"headTitle": "As DA, Kamala Harris Prosecuted a Mentally Ill Woman Shot by Police. The Jury Didn’t Buy It | KQED",
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"content": "\u003cp>When San Francisco police broke down a door inside a group home for mentally disabled people in 2008 and shot a 56-year-old resident, then-District Attorney Kamala Harris didn’t charge the officers with a crime. Instead she prosecuted the schizophrenic woman who was severely injured in the shooting.\u003c/p>\n\u003cp>Harris charged Teresa Sheehan with assaulting the officers, alleging she came at them with a kitchen knife after they forced their way into her room. But the jury was not convinced. It deadlocked in favor of acquitting Sheehan on the assault charges, and found her not guilty of threatening to kill a social worker who had called the police for help to get Sheehan into a psychiatric hospital.\u003c/p>\n\u003cp>“Somebody used very poor judgement in deciding to bring these charges,” said Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles.\u003c/p>\n\u003cp>“If (Harris) actually looked at it and said, ‘This is a righteous case, I want to go after a mentally ill woman who was shot,’ then you question that decision. If she didn’t know about it, then you question her management skills.”\u003c/p>\n\u003cp>[aside postID=\"news_11129913,news_10401336,news_147854,news_10356105\" label=\"Police Force and Mental Illness\"]\u003c/p>\n\u003cp>Today Harris, California’s junior U.S. senator, is trying to win the 2020 Democratic presidential nomination by highlighting her experience as a “progressive prosecutor.” The Sheehan case, though, is an example of her complicated record in criminal justice.\u003c/p>\n\u003cp>Harris did not re-try the case after the jury deadlocked, and Sheehan went on to sue the police for excessive force. After a legal battle that lasted several years and included arguments before the U.S. Supreme Court, Sheehan won a \u003ca href=\"https://www.kqed.org/news/11129913/landmark-s-f-case-on-police-force-and-mental-illness-settles-for-1-million\" target=\"_blank\" rel=\"noopener\">$1 million settlement\u003c/a>. Her civil suit also resulted in a landmark appellate court ruling that says police must take more care when interacting with people they know have a mental illness.\u003c/p>\n\u003cp>Harris was not involved in the civil suit. Her campaign spokesperson declined to say how involved Harris was in making decisions about the criminal case, but said she appropriately did her job in charging Sheehan.\u003c/p>\n\u003cp>“It was the responsibility of the District Attorney’s office to pursue accountability for individuals who may have committed assault against police officers,” Kate Waters wrote in an email.\u003c/p>\n\u003cp>Over her years as district attorney and California attorney general, Harris developed a reputation for being \u003ca href=\"https://www.latimes.com/politics/story/2019-08-05/kamala-harris-police-shootings-black-lives-matter\" target=\"_blank\" rel=\"noopener\">cautious on criminal justice\u003c/a> issues and took criticism from across the political spectrum. Those on the left deride her \u003ca href=\"https://www.nytimes.com/2019/01/17/opinion/kamala-harris-criminal-justice.html?searchResultPosition=1\" target=\"_blank\" rel=\"noopener\">for upholding wrongful convictions\u003c/a> and the death penalty, while law enforcement and moderate Democrats were upset that in 2004 she\u003ca href=\"https://www.sfchronicle.com/opinion/diaz/article/Harris-and-the-death-penalty-years-of-13693075.php?psid=kcl0t\" target=\"_blank\" rel=\"noopener\"> declined to seek the death penalty for a man\u003c/a> who had killed a police officer.\u003c/p>\n\u003cp>Harris recently released a \u003ca href=\"https://www.politico.com/story/2019/09/09/kamala-harris-criminal-justice-reform-1485443?nname=california-playbook&nid=00000150-384f-da43-aff2-bf7fd35a0000&nrid=00000165-d177-daa2-ade5-d17f3d560000&nlid=641189\" target=\"_blank\" rel=\"noopener\">plan for criminal justice reform\u003c/a> that involves reversing some of her earlier positions. She now supports independent investigations of police shootings — though she didn’t back proposals to do \u003ca href=\"https://www.nytimes.com/2019/01/30/us/politics/fact-check-kamala-harris-police-shooting-bill.html?searchResultPosition=1\" target=\"_blank\" rel=\"noopener\">the same thing in California\u003c/a> when she was attorney general. She says she wants a tougher national legal standard allowing police to use deadly force only when necessary — a standard \u003ca href=\"https://calmatters.org/justice/2019/08/newsom-signs-landmark-police-use-of-force-bill/\" target=\"_blank\" rel=\"noopener\">California just signed into law\u003c/a>. But a key part of the new state law holds officers accountable for their actions leading up to a shooting — a provision that allows officers to be prosecuted if they escalate a confrontation before it’s become deadly.\u003c/p>\n\u003cp>In the Sheehan case, Harris cleared the officers of wrongdoing, and wrote an article in the San Francisco \u003ca href=\"https://sfpoa.org/journal_archives/Vol_40_No_10_October_2008.pdf\" target=\"_blank\" rel=\"noopener\">police officer union’s monthly newsletter\u003c/a> touting a judge’s decision to allow the charges against Sheehan to go to trial.\u003c/p>\n\u003cp>“San Francisco District Attorney Kamala D. Harris announced that Teresa Sheehan … was held to answer on charges of assaulting two San Francisco police officers with a deadly weapon and threatening to kill a social worker,” said the article from October 2008.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Kleigh Hathaway, Teresa Sheehan’s public defender\"]“There was this complete surprise and shock that this (56)-year-old Japanese-American woman who was in a wheelchair (from her injuries) was being charged with all these horrible crimes.”[/pullquote]\u003c/p>\n\u003cp>“The police subdued the defendant by shooting her several times.”\u003c/p>\n\u003cp>Such articles were routine during Harris’ time as district attorney. She had a regular spot in the police union’s newsletter where she highlighted developments in key cases. The articles were part of her effort to build rapport with the police department — a dynamic that got off to a bad start when Harris declined to pursue the death penalty against a cop killer just a few months after she was sworn in.\u003c/p>\n\u003cp>“I think the relationship between the DA’s Office and the average police officer has come a long way since I first took office four years ago,” Harris said in \u003ca href=\"https://sfpoa.org/journal_archives/Vol_40_No_3_March_2008.pdf\" target=\"_blank\" rel=\"noopener\">an interview\u003c/a> in the police newsletter in March 2008. “There is more trust and a better understanding that the DA’s Office is committed to working with the Police Department to get dangerous criminals off our streets and make San Francisco a safer city.”\u003c/p>\n\u003cp>That Sheehan could be considered a dangerous criminal was unfathomable to her attorney.\u003c/p>\n\u003cp>“She had no record. There was no reason to believe that this was criminal behavior,” Kleigh Hathaway, Sheehan’s public defender, told CalMatters.\u003c/p>\n\u003cp>Hathaway said she thought she’d be able to quickly get the case dismissed, and was surprised how hard the district attorney’s office fought it.\u003c/p>\n\u003cp>“It was really clear hearing from potential jurors how outraged they were,” Hathaway recalled.\u003c/p>\n\u003cp>“There was this complete surprise and shock that this (56)-year-old Japanese-American woman who was in a wheelchair (from her injuries) was being charged with all these horrible crimes.”\u003c/p>\n\u003cp>[aside tag=\"kamala-harris\" label=\"More on Kamala Harris\"]\u003c/p>\n\u003cp>Sheehan declined to be interviewed. Court records describe what happened the day she was shot: She had been off her medication and behaving strangely when a social worker decided she needed to be hospitalized and called police for help. Two officers entered her room, and found Sheehan lying on her bed. She then picked up a knife from a plate beside her, and came toward the officers shouting threats. They retreated to the hallway, and Sheehan closed the door.\u003c/p>\n\u003cp>“With the door being closed and us not having the ability to see what she was doing, we had no way of knowing whether… she had an avenue of escape” or access to other weapons, one of the responding officers said in court records. “And so in my opinion, as soon as that door was closed, the threat became more scary for us.”\u003c/p>\n\u003cp>The officers called for backup and drew their weapons. They broke down the door and pepper-sprayed Sheehan as she allegedly moved toward them with the knife. Then they shot her.\u003c/p>\n\u003cp>Hathaway argued that backup officers had arrived with bean-bag projectiles and that there was no need for the first two officers to break in and shoot. The jury deadlocked with 11 of 12 jurors voting to acquit Sheehan on the charges of assaulting the police officers. Afterward, one juror \u003ca href=\"https://www.sfchronicle.com/health/article/Mistrial-in-case-of-woman-shot-by-S-F-cops-3257866.php#\" target=\"_blank\" rel=\"noopener\">told the San Francisco Chronicle\u003c/a> that police used excessive force and that Sheehan should not have been criminally charged. Others said they doubted if she \u003ca href=\"https://www.sfchronicle.com/crime/article/No-retrial-for-mentally-ill-woman-shot-by-cops-3253593.php?psid=kcl0t\" target=\"_blank\" rel=\"noopener\">was mentally capable of standing trial\u003c/a>.\u003c/p>\n\u003cp>The assistant district attorney who handled the case declined to be interviewed for this article.\u003c/p>\n\u003cp>Hathaway, Sheehan’s public defender, said she never dealt directly with Harris on the case and didn’t know how involved she was in making decisions about it.\u003c/p>\n\u003cp>But, she said, “This wasn’t progressive at all. This was completely unsympathetic.”\u003c/p>\n\u003cp>[pullquote size=\"small\" align=\"right\" citation=\"Sen. Kamala Harris\"]“My vision of a progressive prosecutor was someone who used the power of the office with a sense of fairness, perspective, and experience, someone who was clear about the need to hold serious criminals accountable and who understood that the best way to create safe communities was to prevent crime in the first place.”[/pullquote]\u003c/p>\n\u003cp>Hathaway said she later went on to vote for Harris, and has been impressed with her performance as a senator. Though she hasn’t decided who she’s supporting for president, Hathaway says she’s intrigued by Harris’ campaign.\u003c/p>\n\u003cp>Harris defined her idea of a progressive prosecutor in “The Truths We Hold,” the book she published earlier this year:\u003c/p>\n\u003cp>“My vision of a progressive prosecutor was someone who used the power of the office with a sense of fairness, perspective, and experience, someone who was clear about the need to hold serious criminals accountable and who understood that the best way to create safe communities was to prevent crime in the first place,” Harris wrote.\u003c/p>\n\u003cp>Sheehan’s sisters have a different view, shaped by frustrations they faced advocating for their sister in 2008. They were flabbergasted that she could be put on trial after police broke in and shot her, and upset by the quality of medical care she received in jail for gunshots and shattered bones that have left her with a sunken face and a metal rod in her leg.\u003c/p>\n\u003cp>Frances Sheehan said she repeatedly asked Harris and then-mayor Gavin Newsom to meet with her, but both of them refused. Her sister Patricia said that’s shaped her political views ever since.\u003c/p>\n\u003cp>“I just couldn’t cast my vote for either one of them, no matter what,” Patricia Sheehan said in a recent interview. “They didn’t even have the courtesy to give five minutes to my sister Frances when she begged and begged … to listen to what was going on with Teresa.”\u003c/p>\n\u003cp>\u003cem>CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "As DA, Kamala Harris Prosecuted a Mentally Ill Woman Shot by Police. The Jury Didn’t Buy It | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When San Francisco police broke down a door inside a group home for mentally disabled people in 2008 and shot a 56-year-old resident, then-District Attorney Kamala Harris didn’t charge the officers with a crime. Instead she prosecuted the schizophrenic woman who was severely injured in the shooting.\u003c/p>\n\u003cp>Harris charged Teresa Sheehan with assaulting the officers, alleging she came at them with a kitchen knife after they forced their way into her room. But the jury was not convinced. It deadlocked in favor of acquitting Sheehan on the assault charges, and found her not guilty of threatening to kill a social worker who had called the police for help to get Sheehan into a psychiatric hospital.\u003c/p>\n\u003cp>“Somebody used very poor judgement in deciding to bring these charges,” said Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles.\u003c/p>\n\u003cp>“If (Harris) actually looked at it and said, ‘This is a righteous case, I want to go after a mentally ill woman who was shot,’ then you question that decision. If she didn’t know about it, then you question her management skills.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Today Harris, California’s junior U.S. senator, is trying to win the 2020 Democratic presidential nomination by highlighting her experience as a “progressive prosecutor.” The Sheehan case, though, is an example of her complicated record in criminal justice.\u003c/p>\n\u003cp>Harris did not re-try the case after the jury deadlocked, and Sheehan went on to sue the police for excessive force. After a legal battle that lasted several years and included arguments before the U.S. Supreme Court, Sheehan won a \u003ca href=\"https://www.kqed.org/news/11129913/landmark-s-f-case-on-police-force-and-mental-illness-settles-for-1-million\" target=\"_blank\" rel=\"noopener\">$1 million settlement\u003c/a>. Her civil suit also resulted in a landmark appellate court ruling that says police must take more care when interacting with people they know have a mental illness.\u003c/p>\n\u003cp>Harris was not involved in the civil suit. Her campaign spokesperson declined to say how involved Harris was in making decisions about the criminal case, but said she appropriately did her job in charging Sheehan.\u003c/p>\n\u003cp>“It was the responsibility of the District Attorney’s office to pursue accountability for individuals who may have committed assault against police officers,” Kate Waters wrote in an email.\u003c/p>\n\u003cp>Over her years as district attorney and California attorney general, Harris developed a reputation for being \u003ca href=\"https://www.latimes.com/politics/story/2019-08-05/kamala-harris-police-shootings-black-lives-matter\" target=\"_blank\" rel=\"noopener\">cautious on criminal justice\u003c/a> issues and took criticism from across the political spectrum. Those on the left deride her \u003ca href=\"https://www.nytimes.com/2019/01/17/opinion/kamala-harris-criminal-justice.html?searchResultPosition=1\" target=\"_blank\" rel=\"noopener\">for upholding wrongful convictions\u003c/a> and the death penalty, while law enforcement and moderate Democrats were upset that in 2004 she\u003ca href=\"https://www.sfchronicle.com/opinion/diaz/article/Harris-and-the-death-penalty-years-of-13693075.php?psid=kcl0t\" target=\"_blank\" rel=\"noopener\"> declined to seek the death penalty for a man\u003c/a> who had killed a police officer.\u003c/p>\n\u003cp>Harris recently released a \u003ca href=\"https://www.politico.com/story/2019/09/09/kamala-harris-criminal-justice-reform-1485443?nname=california-playbook&nid=00000150-384f-da43-aff2-bf7fd35a0000&nrid=00000165-d177-daa2-ade5-d17f3d560000&nlid=641189\" target=\"_blank\" rel=\"noopener\">plan for criminal justice reform\u003c/a> that involves reversing some of her earlier positions. She now supports independent investigations of police shootings — though she didn’t back proposals to do \u003ca href=\"https://www.nytimes.com/2019/01/30/us/politics/fact-check-kamala-harris-police-shooting-bill.html?searchResultPosition=1\" target=\"_blank\" rel=\"noopener\">the same thing in California\u003c/a> when she was attorney general. She says she wants a tougher national legal standard allowing police to use deadly force only when necessary — a standard \u003ca href=\"https://calmatters.org/justice/2019/08/newsom-signs-landmark-police-use-of-force-bill/\" target=\"_blank\" rel=\"noopener\">California just signed into law\u003c/a>. But a key part of the new state law holds officers accountable for their actions leading up to a shooting — a provision that allows officers to be prosecuted if they escalate a confrontation before it’s become deadly.\u003c/p>\n\u003cp>In the Sheehan case, Harris cleared the officers of wrongdoing, and wrote an article in the San Francisco \u003ca href=\"https://sfpoa.org/journal_archives/Vol_40_No_10_October_2008.pdf\" target=\"_blank\" rel=\"noopener\">police officer union’s monthly newsletter\u003c/a> touting a judge’s decision to allow the charges against Sheehan to go to trial.\u003c/p>\n\u003cp>“San Francisco District Attorney Kamala D. Harris announced that Teresa Sheehan … was held to answer on charges of assaulting two San Francisco police officers with a deadly weapon and threatening to kill a social worker,” said the article from October 2008.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The police subdued the defendant by shooting her several times.”\u003c/p>\n\u003cp>Such articles were routine during Harris’ time as district attorney. She had a regular spot in the police union’s newsletter where she highlighted developments in key cases. The articles were part of her effort to build rapport with the police department — a dynamic that got off to a bad start when Harris declined to pursue the death penalty against a cop killer just a few months after she was sworn in.\u003c/p>\n\u003cp>“I think the relationship between the DA’s Office and the average police officer has come a long way since I first took office four years ago,” Harris said in \u003ca href=\"https://sfpoa.org/journal_archives/Vol_40_No_3_March_2008.pdf\" target=\"_blank\" rel=\"noopener\">an interview\u003c/a> in the police newsletter in March 2008. “There is more trust and a better understanding that the DA’s Office is committed to working with the Police Department to get dangerous criminals off our streets and make San Francisco a safer city.”\u003c/p>\n\u003cp>That Sheehan could be considered a dangerous criminal was unfathomable to her attorney.\u003c/p>\n\u003cp>“She had no record. There was no reason to believe that this was criminal behavior,” Kleigh Hathaway, Sheehan’s public defender, told CalMatters.\u003c/p>\n\u003cp>Hathaway said she thought she’d be able to quickly get the case dismissed, and was surprised how hard the district attorney’s office fought it.\u003c/p>\n\u003cp>“It was really clear hearing from potential jurors how outraged they were,” Hathaway recalled.\u003c/p>\n\u003cp>“There was this complete surprise and shock that this (56)-year-old Japanese-American woman who was in a wheelchair (from her injuries) was being charged with all these horrible crimes.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sheehan declined to be interviewed. Court records describe what happened the day she was shot: She had been off her medication and behaving strangely when a social worker decided she needed to be hospitalized and called police for help. Two officers entered her room, and found Sheehan lying on her bed. She then picked up a knife from a plate beside her, and came toward the officers shouting threats. They retreated to the hallway, and Sheehan closed the door.\u003c/p>\n\u003cp>“With the door being closed and us not having the ability to see what she was doing, we had no way of knowing whether… she had an avenue of escape” or access to other weapons, one of the responding officers said in court records. “And so in my opinion, as soon as that door was closed, the threat became more scary for us.”\u003c/p>\n\u003cp>The officers called for backup and drew their weapons. They broke down the door and pepper-sprayed Sheehan as she allegedly moved toward them with the knife. Then they shot her.\u003c/p>\n\u003cp>Hathaway argued that backup officers had arrived with bean-bag projectiles and that there was no need for the first two officers to break in and shoot. The jury deadlocked with 11 of 12 jurors voting to acquit Sheehan on the charges of assaulting the police officers. Afterward, one juror \u003ca href=\"https://www.sfchronicle.com/health/article/Mistrial-in-case-of-woman-shot-by-S-F-cops-3257866.php#\" target=\"_blank\" rel=\"noopener\">told the San Francisco Chronicle\u003c/a> that police used excessive force and that Sheehan should not have been criminally charged. Others said they doubted if she \u003ca href=\"https://www.sfchronicle.com/crime/article/No-retrial-for-mentally-ill-woman-shot-by-cops-3253593.php?psid=kcl0t\" target=\"_blank\" rel=\"noopener\">was mentally capable of standing trial\u003c/a>.\u003c/p>\n\u003cp>The assistant district attorney who handled the case declined to be interviewed for this article.\u003c/p>\n\u003cp>Hathaway, Sheehan’s public defender, said she never dealt directly with Harris on the case and didn’t know how involved she was in making decisions about it.\u003c/p>\n\u003cp>But, she said, “This wasn’t progressive at all. This was completely unsympathetic.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hathaway said she later went on to vote for Harris, and has been impressed with her performance as a senator. Though she hasn’t decided who she’s supporting for president, Hathaway says she’s intrigued by Harris’ campaign.\u003c/p>\n\u003cp>Harris defined her idea of a progressive prosecutor in “The Truths We Hold,” the book she published earlier this year:\u003c/p>\n\u003cp>“My vision of a progressive prosecutor was someone who used the power of the office with a sense of fairness, perspective, and experience, someone who was clear about the need to hold serious criminals accountable and who understood that the best way to create safe communities was to prevent crime in the first place,” Harris wrote.\u003c/p>\n\u003cp>Sheehan’s sisters have a different view, shaped by frustrations they faced advocating for their sister in 2008. They were flabbergasted that she could be put on trial after police broke in and shot her, and upset by the quality of medical care she received in jail for gunshots and shattered bones that have left her with a sunken face and a metal rod in her leg.\u003c/p>\n\u003cp>Frances Sheehan said she repeatedly asked Harris and then-mayor Gavin Newsom to meet with her, but both of them refused. Her sister Patricia said that’s shaped her political views ever since.\u003c/p>\n\u003cp>“I just couldn’t cast my vote for either one of them, no matter what,” Patricia Sheehan said in a recent interview. “They didn’t even have the courtesy to give five minutes to my sister Frances when she begged and begged … to listen to what was going on with Teresa.”\u003c/p>\n\u003cp>\u003cem>CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>In a wood-paneled courtroom in San Francisco’s Hall of Justice one recent morning, a young deputy district attorney was pacing the floor and clicking through a slide presentation. The prosecutor was building her final argument to the jury that a young man who had broken into a woman’s home high on meth and left with her laptop should be convicted of burglary.\u003c/p>\n\u003cp>In the audience, Miriam Hernández sat among a dozen or so Mexican law professors, watching the prosecutor in rapt attention. This courtroom staple of the American justice system was something new for them.\u003c/p>\n\u003cp>Hernández worked as a prosecutor for 23 years in Puebla, south of Mexico City. But not once in all those years had she stood up in a courtroom and made closing arguments. That’s because, until very recently, Mexico didn’t have courtrooms, and it didn’t have oral trials conducted in public, as the United States does.\u003c/p>\n\u003cp>“Everything used to be done in writing, 100 percent,” Hernández said. “But filing a legal brief is not the same as arguing a case in front of a judge.”\u003c/p>\n\u003cp>As Mexico wrestles with crime and corruption, it is giving its justice system a total overhaul, designed to build accountability and strengthen the rule of law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under the old “inquisitorial” system, prosecutors had outsized power, and defense attorneys had no ability to challenge the evidence put forward by the prosecution. The presumption of innocence was meaningless, in part because people charged with crimes could languish in jail for years before a case was decided. And victims rarely saw justice, since barely one crime out of 100 was prosecuted.\u003c/p>\n\u003cp>The sweeping package of legislative changes and constitutional amendments that aimed to transform the structure of Mexico’s judicial system was enacted in 2008, and it was supposed to be fully operational in the federal courts and all of Mexico’s 32 state court systems by 2016. But three years on, many states are still struggling to adopt the reforms.\u003c/p>\n\u003cp>Still, Hernández said, even in Puebla, which has lagged other states, the change can already be felt. For example, both victims and the accused are now afforded more rights in the criminal justice system.\u003c/p>\n\u003cp>“It was common knowledge that our old system had a lot of human rights violations,” she said. “A suspect’s confession was the highest form of proof. [In Spanish, they call it, \u003cem>‘la reina de las pruebas,\u003c/em>’ or ‘the queen of evidence.’] And confessions were sometimes obtained through torture.”\u003c/p>\n\u003cp>Today the law explicitly bans torture, and there are safeguards in place to reduce its likelihood: A confession can’t be used in court unless it was obtained in the presence of the suspect’s defense attorney. The reforms have moved Mexico to an “adversarial” legal system, more like that in the United States, in which trials are conducted in open court, before a judge who is a neutral arbiter (Mexico did not adopt a jury system). Lawyers can cross-examine the other side’s witnesses. And defendants have the right to counsel, even if they can’t afford to pay for it.\u003c/p>\n\u003cp>These days, there’s much less room for abuses, Hernández says, now that hearings in Mexico are open to the public, and lawyers can challenge evidence presented by the other side.\u003c/p>\n\u003cp>In addition, police are no longer just patrol officers tasked with preventing crime. They have new responsibilities to gather evidence and maintain the integrity of crime scenes. But investigating crimes is a whole new skill set, and training for police is lacking in many parts of Mexico. In Puebla, part of Hernández’s work is to train officers for their new role.\u003c/p>\n\u003cp>And Hernández and the other professors have already begun teaching their law students in Puebla how to work in the re-made courts. But their visit to San Francisco’s Hall of Justice gave them a first-hand look at how a veteran prosecutor and public defender built their cases. They also spent a day at the UC Berkeley School of Law, where a pair of instructors coached them on how to teach students the soft skills needed for oral trials — to think on their feet, to communicate verbally, to be willing to try something new and fail and try again.\u003c/p>\n\u003cp>The visits were part of a two-week \u003ca href=\"https://justiceinmexico.org/oasis-program/\">training \u003c/a>course in California, organized by the Justice in Mexico project at the University of San Diego, and funded by the U.S. State Department. The United States has supported Mexico’s justice reforms part of the $3 billion \u003ca href=\"https://fas.org/sgp/crs/row/IF10578.pdf\">Mérida Initiative\u003c/a>, a 12-year-old binational partnership aimed at strengthening security and the rule of law in Mexico, and combating drug trafficking organizations.\u003c/p>\n\u003cfigure id=\"attachment_11767696\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11767696\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1920x1440.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1832x1374.jpg 1832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1376x1032.jpg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1044x783.jpg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-632x474.jpg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-536x402.jpg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Judge Gerardo Sandoval talks with a Mexican law professor about the American court system on July 23, 2019, as part of a legal training in California for Mexicans helping to overhaul their justice system. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During a mid-morning break in the San Francisco burglary trial, the judge, Gerardo Sandoval, invited the visitors for a chat in his chambers. Hernández and the other professors filed through a door at the rear of the courtroom and crowded around the judge in his temporary office. They peppered him with questions about the American system and how it resembled their own — or differed from it: Is the defendant required to testify? What happens when a lawyer raises objections? Who pays expert witnesses?\u003c/p>\n\u003cp>A young defense attorney named Edgar Martínez said he was impressed to see the American lawyers get up and walk around the courtroom and use visual aids in their closing arguments.\u003c/p>\n\u003cp>“I wish we could use these techniques in Mexico,” Martínez said. “Mexican courtrooms are rigid. We’re supposed to stay at our desks and speak into microphones, so the proceedings can be recorded. I’ve asked judges to let me stand up, and I’ve asked if I can show slides, but they won’t permit it.”\u003c/p>\n\u003cp>Sandoval counseled patience. He reminded Martínez that the U.S. legal system of a century ago (or even half that in some southern states) would be unrecognizable today. And it keeps evolving.\u003c/p>\n\u003cp>“You’re just in the first stages of a new system,” he said. “In time, Mexico will find the right balance.”\u003c/p>\n\u003cp>It’s not the first time Sandoval has met with Mexican lawyers in the California training program. Before he returned to the bench to resume the burglary case, he said this was his way of giving back to the country where his parents were born — to help Mexico build a justice system that can withstand the corrupting influence of cartels.\u003c/p>\n\u003cp>“Sunshine is the best disinfectant,” Sandoval said. “So it can only help things there, with the terrible violence they have and the drug trafficking they have, to have greater transparency and bring greater confidence in the judicial system.”\u003c/p>\n\u003cp>And, Sandoval added, it’s in the best interest of the United States if neighboring Mexico can become a more just and secure country. In the long run, it could even reduce the pressure for Mexicans to migrate north.\u003c/p>\n\u003cp>[aside tag=\"immigration\" label=\"Immigration Coverage\"]\u003c/p>\n\u003cp>“I can only say, not as a judge but as a child of immigrants, nobody leaves home because they want to. People leave because either there’s no work or they feel in danger,” he said. “So having a safer Mexico, having a more stable Mexico, is not only going to make people feel safer but also, I think, encourage economic development, and that will be good ultimately.”\u003c/p>\n\u003cp>But right now, organized crime and drug violence are widespread in Mexico. Police — and many in the public — want the government to be tough on crime. Surprisingly, that means they’re wary, even hostile, to the new system. That’s because stricter standards for evidence — and the idea that defendants are innocent until proven guilty — mean that sometimes the bad guys are acquitted.\u003c/p>\n\u003cp>Historically, though, even before the reforms, \u003ca href=\"http://www.cwagweb.org/wp-content/uploads/2016/08/Justice-Reform-in-Mexico_Woodrow-Wilson.pdf\">criminals routinely escaped justice\u003c/a>. Just one crime out of four was reported, and barely one out of 100 crimes were brought to trial, according to David Shirk, who directs the University of San Diego’s Justice in Mexico project that runs these trainings.\u003c/p>\n\u003cp>“If you commit a crime in Mexico, even a very serious crime like murder, there’s a very high probability that you’re going to get away with it,” Shirk said. “That’s what the criminal justice reforms are really trying to address. They’re trying to raise the bar for police and prosecutors so that they develop the skills and protocols that are necessary to ensure that they are more effective … . They can’t get away with the kind of evidence tampering and forced confessions that were so prominent throughout the country.”\u003c/p>\n\u003cp>Shirk has heard complaints from Mexican politicians and business leaders that the judicial reforms are allowing criminals to walk free.\u003c/p>\n\u003cp>[aside postID=\"news_11735361\" label=\" More Reporting Supported by the Adelante Latin America Reporting Initiative\"]\u003c/p>\n\u003cp>“That’s not true,” he said. “Bad prosecutions and ineffective police are allowing criminals to walk free because they’re not following due process. The system now requires that everybody follows due process and you can’t blame the system for setting high expectations.”\u003c/p>\n\u003cp>Hernández, the former prosecutor, said the task of building a whole new legal system — and winning over public opinion — is so big it will take generations. But she’s committed to doing her part to get there.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I always tell my university students that I won’t live to see it completed,” she said. “It’s my grandchildren — or maybe my great-grandchildren — who will live to see it.”\u003cbr>\n\u003cem>\u003cbr>\nThis story was reported with the support of a fellowship from the \u003ca href=\"https://www.iwmf.org/programs/adelante/\" rel=\"noopener\" target=\"_blank\">Adelante Reporting Initiative\u003c/a> of the International Women’s Media Foundation.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a wood-paneled courtroom in San Francisco’s Hall of Justice one recent morning, a young deputy district attorney was pacing the floor and clicking through a slide presentation. The prosecutor was building her final argument to the jury that a young man who had broken into a woman’s home high on meth and left with her laptop should be convicted of burglary.\u003c/p>\n\u003cp>In the audience, Miriam Hernández sat among a dozen or so Mexican law professors, watching the prosecutor in rapt attention. This courtroom staple of the American justice system was something new for them.\u003c/p>\n\u003cp>Hernández worked as a prosecutor for 23 years in Puebla, south of Mexico City. But not once in all those years had she stood up in a courtroom and made closing arguments. That’s because, until very recently, Mexico didn’t have courtrooms, and it didn’t have oral trials conducted in public, as the United States does.\u003c/p>\n\u003cp>“Everything used to be done in writing, 100 percent,” Hernández said. “But filing a legal brief is not the same as arguing a case in front of a judge.”\u003c/p>\n\u003cp>As Mexico wrestles with crime and corruption, it is giving its justice system a total overhaul, designed to build accountability and strengthen the rule of law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the old “inquisitorial” system, prosecutors had outsized power, and defense attorneys had no ability to challenge the evidence put forward by the prosecution. The presumption of innocence was meaningless, in part because people charged with crimes could languish in jail for years before a case was decided. And victims rarely saw justice, since barely one crime out of 100 was prosecuted.\u003c/p>\n\u003cp>The sweeping package of legislative changes and constitutional amendments that aimed to transform the structure of Mexico’s judicial system was enacted in 2008, and it was supposed to be fully operational in the federal courts and all of Mexico’s 32 state court systems by 2016. But three years on, many states are still struggling to adopt the reforms.\u003c/p>\n\u003cp>Still, Hernández said, even in Puebla, which has lagged other states, the change can already be felt. For example, both victims and the accused are now afforded more rights in the criminal justice system.\u003c/p>\n\u003cp>“It was common knowledge that our old system had a lot of human rights violations,” she said. “A suspect’s confession was the highest form of proof. [In Spanish, they call it, \u003cem>‘la reina de las pruebas,\u003c/em>’ or ‘the queen of evidence.’] And confessions were sometimes obtained through torture.”\u003c/p>\n\u003cp>Today the law explicitly bans torture, and there are safeguards in place to reduce its likelihood: A confession can’t be used in court unless it was obtained in the presence of the suspect’s defense attorney. The reforms have moved Mexico to an “adversarial” legal system, more like that in the United States, in which trials are conducted in open court, before a judge who is a neutral arbiter (Mexico did not adopt a jury system). Lawyers can cross-examine the other side’s witnesses. And defendants have the right to counsel, even if they can’t afford to pay for it.\u003c/p>\n\u003cp>These days, there’s much less room for abuses, Hernández says, now that hearings in Mexico are open to the public, and lawyers can challenge evidence presented by the other side.\u003c/p>\n\u003cp>In addition, police are no longer just patrol officers tasked with preventing crime. They have new responsibilities to gather evidence and maintain the integrity of crime scenes. But investigating crimes is a whole new skill set, and training for police is lacking in many parts of Mexico. In Puebla, part of Hernández’s work is to train officers for their new role.\u003c/p>\n\u003cp>And Hernández and the other professors have already begun teaching their law students in Puebla how to work in the re-made courts. But their visit to San Francisco’s Hall of Justice gave them a first-hand look at how a veteran prosecutor and public defender built their cases. They also spent a day at the UC Berkeley School of Law, where a pair of instructors coached them on how to teach students the soft skills needed for oral trials — to think on their feet, to communicate verbally, to be willing to try something new and fail and try again.\u003c/p>\n\u003cp>The visits were part of a two-week \u003ca href=\"https://justiceinmexico.org/oasis-program/\">training \u003c/a>course in California, organized by the Justice in Mexico project at the University of San Diego, and funded by the U.S. State Department. The United States has supported Mexico’s justice reforms part of the $3 billion \u003ca href=\"https://fas.org/sgp/crs/row/IF10578.pdf\">Mérida Initiative\u003c/a>, a 12-year-old binational partnership aimed at strengthening security and the rule of law in Mexico, and combating drug trafficking organizations.\u003c/p>\n\u003cfigure id=\"attachment_11767696\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11767696\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1920x1440.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1832x1374.jpg 1832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1376x1032.jpg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-1044x783.jpg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-632x474.jpg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880-536x402.jpg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38509_alt_880.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Judge Gerardo Sandoval talks with a Mexican law professor about the American court system on July 23, 2019, as part of a legal training in California for Mexicans helping to overhaul their justice system. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During a mid-morning break in the San Francisco burglary trial, the judge, Gerardo Sandoval, invited the visitors for a chat in his chambers. Hernández and the other professors filed through a door at the rear of the courtroom and crowded around the judge in his temporary office. They peppered him with questions about the American system and how it resembled their own — or differed from it: Is the defendant required to testify? What happens when a lawyer raises objections? Who pays expert witnesses?\u003c/p>\n\u003cp>A young defense attorney named Edgar Martínez said he was impressed to see the American lawyers get up and walk around the courtroom and use visual aids in their closing arguments.\u003c/p>\n\u003cp>“I wish we could use these techniques in Mexico,” Martínez said. “Mexican courtrooms are rigid. We’re supposed to stay at our desks and speak into microphones, so the proceedings can be recorded. I’ve asked judges to let me stand up, and I’ve asked if I can show slides, but they won’t permit it.”\u003c/p>\n\u003cp>Sandoval counseled patience. He reminded Martínez that the U.S. legal system of a century ago (or even half that in some southern states) would be unrecognizable today. And it keeps evolving.\u003c/p>\n\u003cp>“You’re just in the first stages of a new system,” he said. “In time, Mexico will find the right balance.”\u003c/p>\n\u003cp>It’s not the first time Sandoval has met with Mexican lawyers in the California training program. Before he returned to the bench to resume the burglary case, he said this was his way of giving back to the country where his parents were born — to help Mexico build a justice system that can withstand the corrupting influence of cartels.\u003c/p>\n\u003cp>“Sunshine is the best disinfectant,” Sandoval said. “So it can only help things there, with the terrible violence they have and the drug trafficking they have, to have greater transparency and bring greater confidence in the judicial system.”\u003c/p>\n\u003cp>And, Sandoval added, it’s in the best interest of the United States if neighboring Mexico can become a more just and secure country. In the long run, it could even reduce the pressure for Mexicans to migrate north.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I can only say, not as a judge but as a child of immigrants, nobody leaves home because they want to. People leave because either there’s no work or they feel in danger,” he said. “So having a safer Mexico, having a more stable Mexico, is not only going to make people feel safer but also, I think, encourage economic development, and that will be good ultimately.”\u003c/p>\n\u003cp>But right now, organized crime and drug violence are widespread in Mexico. Police — and many in the public — want the government to be tough on crime. Surprisingly, that means they’re wary, even hostile, to the new system. That’s because stricter standards for evidence — and the idea that defendants are innocent until proven guilty — mean that sometimes the bad guys are acquitted.\u003c/p>\n\u003cp>Historically, though, even before the reforms, \u003ca href=\"http://www.cwagweb.org/wp-content/uploads/2016/08/Justice-Reform-in-Mexico_Woodrow-Wilson.pdf\">criminals routinely escaped justice\u003c/a>. Just one crime out of four was reported, and barely one out of 100 crimes were brought to trial, according to David Shirk, who directs the University of San Diego’s Justice in Mexico project that runs these trainings.\u003c/p>\n\u003cp>“If you commit a crime in Mexico, even a very serious crime like murder, there’s a very high probability that you’re going to get away with it,” Shirk said. “That’s what the criminal justice reforms are really trying to address. They’re trying to raise the bar for police and prosecutors so that they develop the skills and protocols that are necessary to ensure that they are more effective … . They can’t get away with the kind of evidence tampering and forced confessions that were so prominent throughout the country.”\u003c/p>\n\u003cp>Shirk has heard complaints from Mexican politicians and business leaders that the judicial reforms are allowing criminals to walk free.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“That’s not true,” he said. “Bad prosecutions and ineffective police are allowing criminals to walk free because they’re not following due process. The system now requires that everybody follows due process and you can’t blame the system for setting high expectations.”\u003c/p>\n\u003cp>Hernández, the former prosecutor, said the task of building a whole new legal system — and winning over public opinion — is so big it will take generations. But she’s committed to doing her part to get there.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>In a first-of-its kind experiment, San Francisco prosecutors are turning to artificial intelligence to reduce racial bias in the courts, adopting a system that strips certain identifying details from police reports and leaves only key facts to govern charging decisions.\u003c/p>\n\u003cp>District Attorney George Gascón announced Wednesday that his office will begin using the technology in July to “take race out of the equation” when deciding whether to accuse suspects of a crime.\u003c/p>\n\u003cp>Criminal justice experts say they have never heard of any project like it, and they applauded the idea as a creative, bold effort to make charging practices more colorblind.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='San Francisco District Attorney George Gascón']‘If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.’[/pullquote]\u003c/p>\n\u003cp>Gascón’s office worked with data scientists and engineers at the Stanford Computational Policy Lab to develop a system that takes electronic police reports and automatically removes a suspect’s name, race and hair and eye colors. The names of witnesses and police officers will also be removed, along with specific neighborhoods or districts that could indicate the race of those involved.\u003c/p>\n\u003cp>“The criminal justice system has had a horrible impact on people of color in this country, especially African Americans, for generations,” Gascón said in an interview ahead of the announcement. “If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón, who leaves office at the end of the year, said his goal was to develop a model that could be used elsewhere, and the technology will be offered free to other prosecutors across the country.\u003c/p>\n\u003cp>“I really commend them, it’s a brave move,” said Lucy Lang, a former New York City prosecutor and executive director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice.\u003c/p>\n\u003cp>The technology relies on humans to collect the initial facts, which can still be influenced by racial bias. Prosecutors will make an initial charging decision based on the redacted police report. Then they will look at the entire report, with details restored, to see if there are any extenuating reasons to reconsider the first decision, Gascón said.\u003c/p>\n\u003cp>[aside postID='news_11753870,news_11750997,news_11742529' label='More on the criminal justice system']\u003c/p>\n\u003cp>Lang and other experts said they look forward to seeing the results and that they expect the system to be a work in progress.\u003c/p>\n\u003cp>“Hats off for trying new stuff,” said Phillip Atiba Goff, president for the \u003ca href=\"https://policingequity.org\" target=\"_blank\" rel=\"noopener\">Center for Policing Equity\u003c/a>. “There are so many contextual factors that might indicate race and ethnicity that it’s hard to imagine how even a human could take that all out.”\u003c/p>\n\u003cp>A 2017 study commissioned by the San Francisco district attorney found “substantial racial and ethnic disparities in criminal justice outcomes.” African Americans represented only 6% of the county’s population but accounted for 41% of arrests between 2008 and 2014.\u003c/p>\n\u003cp>The study found “little evidence of overt bias against any one race or ethnic group” among prosecutors who process criminal offenses. But Gascón said he wanted to find a way to help eliminate an implicit bias that could be triggered by a suspect’s race, an ethnic-sounding name or a crime-ridden neighborhood where they were arrested.\u003c/p>\n\u003cp>After it begins, the program will be reviewed weekly, said Maria McKee, the DA’s director of analytics and research.\u003c/p>\n\u003cp>The move comes after San Francisco last month became the first U.S. city to ban the use of facial recognition by police and other city agencies. The decision reflected a growing backlash against AI technology as cities seek to regulate surveillance by municipal agencies.\u003c/p>\n\u003cp>\u003cem>KQED’s Monica Samayoa contributed reporting to this story\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"on-the-media": {
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"pbs-newshour": {
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},
"perspectives": {
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"order": 14
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
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},
"radiolab": {
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