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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",
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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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"content": "\u003cdiv class=\"post-body\">\u003cp>\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\u003c/div>\u003c/p>",
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"content": "\u003cp>Artificial intelligence is everywhere these days, including in the criminal justice system. But a \u003ca href=\"https://www.partnershiponai.org/report-on-machine-learning-in-risk-assessment-tools-in-the-u-s-criminal-justice-system/\" target=\"_blank\" rel=\"noopener\">new report\u003c/a> out Friday joins a \u003ca href=\"https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing\" target=\"_blank\" rel=\"noopener\">chorus\u003c/a> \u003ca href=\"https://witnessla.com/op-ed-predictive-algorithms-in-the-justice-system-must-have-aggressive-oversight/\" target=\"_blank\" rel=\"noopener\">of\u003c/a> \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">voices\u003c/a> warning that the software isn’t ready for the task. \u003ci>\u003c/i>\u003c/p>\n\u003cp>“You need to understand as you’re deploying these tools that they’re extremely approximate, extremely inaccurate,” said Peter Eckersley, research director at \u003ca href=\"https://www.partnershiponai.org\" target=\"_blank\" rel=\"noopener\">Partnership on A.I.\u003c/a>, a consortium of Silicon Valley heavyweights and civil liberties groups that helped published the report. “And that if you think of them as ‘Minority Report,’ you’ve gotten it entirely wrong,” he added, referencing the Steven Spielberg science fiction blockbuster from 2002 that’s become a kind of shorthand for all allusions to predictive policing.\u003c/p>\n\u003cp>[youtube https://www.youtube.com/watch?v=lG7DGMgfOb8]\u003c/p>\n\u003cp>The study — “Algorithmic Risk Assessment Tools in the U.S. Criminal Justice System” — scrutinizes how A.I. is increasingly being used throughout the country.\u003c/p>\n\u003cp>Algorithmic software crunches data about an individual along with statistics about groups that person belongs to. What level of education did this individual attain? How many criminal offenses did this individual commit before the age of 18? What is the likelihood of, say, skipping bail for individuals who never finished high school and committed two crimes before the age of 18?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It can seem like the software bypasses human errors in assessing that risk. But the report homes in on the issue of machine learning bias: When humans feed biased or inaccurate information into software programs, making those systems biased as well.\u003c/p>\n\u003cp>An example (not mentioned in the report): The \u003ca href=\"https://openpolicing.stanford.edu/findings/\" target=\"_blank\" rel=\"noopener\">Stanford Open Policing Project\u003c/a> recently reported that law enforcement officers nationwide tend to stop African-American drivers at higher rates than white drivers and to search, ticket and arrest African-American and Latino drivers during traffic stops more often than whites.\u003c/p>\n\u003cp>Any evaluation software that incorporates a data set like this on traffic stops could then potentially deliver racially biased recommendations, the Stanford researchers note, even if the software doesn’t include racial data \u003cem>per se\u003c/em>.\u003c/p>\n\u003cp>“Standards need to be set for these tools,” Eckersley said. “And if you were to ever try to use them to decide to detain someone, the tools would need to meet those standards. And, unfortunately, none of the tools presently do.”\u003c/p>\n\u003cp>Currently, 49 of 58 counties in California use some kind of algorithmic risk assessment tool for bail, sentencing and/or probation. And a new bill in the state Legislature would require all counties to use it for bail.\u003c/p>\n\u003cp>[aside postID=\"news_11689184,news_11693624,news_11728806\" label=\"What is the Bail Reform Law?\"]Senate Bill 10 offers no guidance for how counties should calculate risk levels or protect against unintentional discriminatory outcomes. The \u003ca href=\"https://www.courts.ca.gov/policyadmin-jc.htm\" target=\"_blank\" rel=\"noopener\">Judicial Council\u003c/a>, the policymaking body of the California courts, would approve tools if and when the law goes into effect, but would stop short of assessing results.\u003c/p>\n\u003cp>There are a number of risk assessment tools, most of which are not using artificial intelligence but instead, paper, pencil and a professional human’s judgement. Mary Butler, Napa County’s chief probation officer, said her agency uses three risk assessment tools, with the intend of providing recommendations to a presiding judge, but she said they also determine how best to help the individual in question succeed at establishing a life outside of prison.\u003c/p>\n\u003cp>“The needs part is as important as the risk part, because it helps to change their behavior,” she said. “I can’t change, for example, the age when someone was first arrested, but if that’s the only thing I consider, then yeah, I could be biased a result. But when I tie that into everything else going on in that person’s life, and their areas of need, it’s a really good tool.”\u003c/p>\n\u003cp>She added that assessments made by her agency are shared with everybody involved. “We give the offender the results,” she said. “We give that information to the court. The attorneys have it.”\u003c/p>\n\u003cp>A small number of California law enforcement agencies are also using artificial intelligence. Two of the more popular products are \u003ca href=\"https://www.equivant.com/compas-classification/\" target=\"_blank\" rel=\"noopener\">Correctional Offender Management Profiling for Alternative Sanctions (COMPAS)\u003c/a> and the \u003ca href=\"https://www.psapretrial.org/\" target=\"_blank\" rel=\"noopener\">Public Safety Assessment (PSA)\u003c/a>. COMPAS has been used by the \u003ca href=\"https://www.cdcr.ca.gov\" target=\"_blank\" rel=\"noopener\">California Department of Corrections and Rehabilitation\u003c/a>. PSA is in use in San Francisco, Santa Cruz and Tulare Counties.\u003c/p>\n\u003cp>[aside postID=\"news_11619469\"]But some of these programs, like COMPAS, are proprietary products, which means their owners don’t share the source code in order to protect their intellectual property. In doing so, they prevent defendants from challenging the integrity of the models.\u003c/p>\n\u003cp>That also blocks independent researchers from being able to study and identify flaws in the programs, and prevents lawmakers from knowing what kind of improvements they should push for.\u003c/p>\n\u003cp>Like the Partnership on A.I., the \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">Electronic Frontier Foundation\u003c/a> has publicly expressed doubts about the rollout of the new bail law, SB 10, for this very reason. \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">In an opinion piece on its website\u003c/a>, the EFF argued, “The public must have access to the source code and the materials used to develop these tools, and the results of regular independent audits of the system, to ensure tools are not unfairly detaining innocent people or disproportionately affecting specific classes of people.”\u003c/p>\n\u003cp>A different bill that cleared the state Senate this week, however, could set a lot of minds at ease. SB 36 would \u003ca href=\"https://sd18.senate.ca.gov/news/4252019-hertzberg-bill-regulate-pretrial-risk-assessment-tools-clears-senate\" target=\"_blank\" rel=\"noopener\">establish guidelines\u003c/a> regarding the use of risk assessment tools, including data collection, transparency requirements and regular review and validation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bill, as it’s written now, would prevent any risk assessment software tools that block access to their source code. That bill heads to the state Assembly next.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Artificial intelligence is everywhere these days, including in the criminal justice system. But a \u003ca href=\"https://www.partnershiponai.org/report-on-machine-learning-in-risk-assessment-tools-in-the-u-s-criminal-justice-system/\" target=\"_blank\" rel=\"noopener\">new report\u003c/a> out Friday joins a \u003ca href=\"https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing\" target=\"_blank\" rel=\"noopener\">chorus\u003c/a> \u003ca href=\"https://witnessla.com/op-ed-predictive-algorithms-in-the-justice-system-must-have-aggressive-oversight/\" target=\"_blank\" rel=\"noopener\">of\u003c/a> \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">voices\u003c/a> warning that the software isn’t ready for the task. \u003ci>\u003c/i>\u003c/p>\n\u003cp>“You need to understand as you’re deploying these tools that they’re extremely approximate, extremely inaccurate,” said Peter Eckersley, research director at \u003ca href=\"https://www.partnershiponai.org\" target=\"_blank\" rel=\"noopener\">Partnership on A.I.\u003c/a>, a consortium of Silicon Valley heavyweights and civil liberties groups that helped published the report. “And that if you think of them as ‘Minority Report,’ you’ve gotten it entirely wrong,” he added, referencing the Steven Spielberg science fiction blockbuster from 2002 that’s become a kind of shorthand for all allusions to predictive policing.\u003c/p>\n\u003cp>\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/lG7DGMgfOb8'\n title='//www.youtube.com/embed/lG7DGMgfOb8'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The study — “Algorithmic Risk Assessment Tools in the U.S. Criminal Justice System” — scrutinizes how A.I. is increasingly being used throughout the country.\u003c/p>\n\u003cp>Algorithmic software crunches data about an individual along with statistics about groups that person belongs to. What level of education did this individual attain? How many criminal offenses did this individual commit before the age of 18? What is the likelihood of, say, skipping bail for individuals who never finished high school and committed two crimes before the age of 18?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It can seem like the software bypasses human errors in assessing that risk. But the report homes in on the issue of machine learning bias: When humans feed biased or inaccurate information into software programs, making those systems biased as well.\u003c/p>\n\u003cp>An example (not mentioned in the report): The \u003ca href=\"https://openpolicing.stanford.edu/findings/\" target=\"_blank\" rel=\"noopener\">Stanford Open Policing Project\u003c/a> recently reported that law enforcement officers nationwide tend to stop African-American drivers at higher rates than white drivers and to search, ticket and arrest African-American and Latino drivers during traffic stops more often than whites.\u003c/p>\n\u003cp>Any evaluation software that incorporates a data set like this on traffic stops could then potentially deliver racially biased recommendations, the Stanford researchers note, even if the software doesn’t include racial data \u003cem>per se\u003c/em>.\u003c/p>\n\u003cp>“Standards need to be set for these tools,” Eckersley said. “And if you were to ever try to use them to decide to detain someone, the tools would need to meet those standards. And, unfortunately, none of the tools presently do.”\u003c/p>\n\u003cp>Currently, 49 of 58 counties in California use some kind of algorithmic risk assessment tool for bail, sentencing and/or probation. And a new bill in the state Legislature would require all counties to use it for bail.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Senate Bill 10 offers no guidance for how counties should calculate risk levels or protect against unintentional discriminatory outcomes. The \u003ca href=\"https://www.courts.ca.gov/policyadmin-jc.htm\" target=\"_blank\" rel=\"noopener\">Judicial Council\u003c/a>, the policymaking body of the California courts, would approve tools if and when the law goes into effect, but would stop short of assessing results.\u003c/p>\n\u003cp>There are a number of risk assessment tools, most of which are not using artificial intelligence but instead, paper, pencil and a professional human’s judgement. Mary Butler, Napa County’s chief probation officer, said her agency uses three risk assessment tools, with the intend of providing recommendations to a presiding judge, but she said they also determine how best to help the individual in question succeed at establishing a life outside of prison.\u003c/p>\n\u003cp>“The needs part is as important as the risk part, because it helps to change their behavior,” she said. “I can’t change, for example, the age when someone was first arrested, but if that’s the only thing I consider, then yeah, I could be biased a result. But when I tie that into everything else going on in that person’s life, and their areas of need, it’s a really good tool.”\u003c/p>\n\u003cp>She added that assessments made by her agency are shared with everybody involved. “We give the offender the results,” she said. “We give that information to the court. The attorneys have it.”\u003c/p>\n\u003cp>A small number of California law enforcement agencies are also using artificial intelligence. Two of the more popular products are \u003ca href=\"https://www.equivant.com/compas-classification/\" target=\"_blank\" rel=\"noopener\">Correctional Offender Management Profiling for Alternative Sanctions (COMPAS)\u003c/a> and the \u003ca href=\"https://www.psapretrial.org/\" target=\"_blank\" rel=\"noopener\">Public Safety Assessment (PSA)\u003c/a>. COMPAS has been used by the \u003ca href=\"https://www.cdcr.ca.gov\" target=\"_blank\" rel=\"noopener\">California Department of Corrections and Rehabilitation\u003c/a>. PSA is in use in San Francisco, Santa Cruz and Tulare Counties.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But some of these programs, like COMPAS, are proprietary products, which means their owners don’t share the source code in order to protect their intellectual property. In doing so, they prevent defendants from challenging the integrity of the models.\u003c/p>\n\u003cp>That also blocks independent researchers from being able to study and identify flaws in the programs, and prevents lawmakers from knowing what kind of improvements they should push for.\u003c/p>\n\u003cp>Like the Partnership on A.I., the \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">Electronic Frontier Foundation\u003c/a> has publicly expressed doubts about the rollout of the new bail law, SB 10, for this very reason. \u003ca href=\"https://www.eff.org/deeplinks/2018/11/if-pre-trial-risk-assessment-tool-does-not-satisfy-these-criteria-it-needs-stay\" target=\"_blank\" rel=\"noopener\">In an opinion piece on its website\u003c/a>, the EFF argued, “The public must have access to the source code and the materials used to develop these tools, and the results of regular independent audits of the system, to ensure tools are not unfairly detaining innocent people or disproportionately affecting specific classes of people.”\u003c/p>\n\u003cp>A different bill that cleared the state Senate this week, however, could set a lot of minds at ease. SB 36 would \u003ca href=\"https://sd18.senate.ca.gov/news/4252019-hertzberg-bill-regulate-pretrial-risk-assessment-tools-clears-senate\" target=\"_blank\" rel=\"noopener\">establish guidelines\u003c/a> regarding the use of risk assessment tools, including data collection, transparency requirements and regular review and validation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bill, as it’s written now, would prevent any risk assessment software tools that block access to their source code. That bill heads to the state Assembly next.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'My Intentions Were Not to Kill': Adnan Khan Is First to Be Released From Prison Under New Law",
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"content": "\u003cp>In 2003, at age 18, Adnan Khan was involved in the robbery of a marijuana dealer. His accomplice stabbed and killed the man in the process.\u003c/p>\n\u003cp>Under California’s felony murder rule, Khan was held equally responsible for the killing. He was convicted of felony murder, and got a sentence of 25 years to life.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘With this new legislation change, the law says that I’m not responsible for the murder. I still take responsibility for it, and I have since day one.’\u003ccite>Adnan Khan\u003c/cite>\u003c/aside>\n\u003cp>Khan spent nearly half of his life behind bars, the last four years in San Quentin State Prison in Marin County.\u003c/p>\n\u003cp>“Sixteen years ago, I participated in and committed a robbery. And I was absolutely wrong for that,” Khan said. “Unfortunately, the man that I was with stabbed and killed the young man. And my intentions were not to kill anyone.”\u003c/p>\n\u003cp>Then, something changed on Jan. 1. That’s when \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, co-authored by state Sen. Nancy Skinner, a Democrat, and Assemblyman Joel Anderson, a Republican, took effect. The bill changed the law that allowed prosecutors to lock up Khan for a murder he didn’t actually commit.\u003c/p>\n\u003cp>Khan’s murder conviction was overturned last week.\u003c/p>\n\u003cfigure id=\"attachment_11720836\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11720836\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/IMG_9423-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adnan Khan sits in the Re:store Justice transitional home in Oakland where he is now living. \u003ccite>(Hope McKenney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“This law changes a centuries-old law in California known as the felony murder rule,” said Kate Chatfield, policy director at \u003ca href=\"https://restorecal.org/\">Re:store Justice\u003c/a>, a criminal justice reform organization Khan co-founded while in prison.\u003c/p>\n\u003cp>Chatfield is also Khan’s lawyer.\u003c/p>\n\u003cp>“Under the felony murder rule, all accomplices to certain felonies including, most commonly, robbery and burglary, can be charged and convicted of a first-degree murder when an accomplice kills another person, or when a death occurs,” she said.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I think that we barely touch the surface on incarcerated people telling their own stories.’\u003ccite>Adnan Khan\u003c/cite>\u003c/aside>\n\u003cp>On Jan. 18, Khan went to court and was resentenced to three years for the Antioch robbery. He has already served five times that amount, and was released. He will no longer have a murder charge on his record.\u003c/p>\n\u003cp>Khan is the first person to be released from prison under SB 1437. Prior to the bipartisan bill, state law allowed people who participated in crimes that led to a death — even if they did not assist in the killing — to be convicted of felony murder.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“With this new legislation change, the law says that I’m not responsible for the murder,” said Khan. “Although the law has changed, I still do take responsibility for it, and I have since day one.”\u003c/p>\n\u003cp>While he was in prison, Khan got involved in criminal justice reform work.\u003c/p>\n\u003cp>He co-founded Re:store Justice, which helped sponsor SB 1437. He also mentored youth and worked on the San Quentin video program, \u003ca href=\"https://restorecal.org/firstwatch/#targetfwvideos\">First Watch\u003c/a>, which seeks to humanize incarceration by telling the stories of inmates. He plans to continue this work.\u003c/p>\n\u003cp>“I think that we barely touch the surface on incarcerated people telling their own stories,” said Khan. “Being out now, I want to pursue that and continue it from my side, and start telling stories about formerly incarcerated people.”\u003c/p>\n\u003cp>He noted that much of the debate around criminal justice — and ultimately, the laws that came out of those debates in years past — was driven by anecdotes.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714600/california-inmates-convicted-under-felony-murder-rule-prep-for-new-shot-at-freedom\">California Inmates Convicted Under ‘Felony Murder Rule’ Prep for New Shot at Freedom\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714600/california-inmates-convicted-under-felony-murder-rule-prep-for-new-shot-at-freedom\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/featured-image.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>“A lot of laws and sentencing reform and criminal justice reform is based around telling stories,” Khan said. “A lot of laws went into effect from telling the other side of the story: The dangers, the monsters, the criminals, that you can’t trust them. And I know that’s not true for many of the men and even formerly incarcerated women I’ve met. We want to highlight the stories of the great, amazing work people are doing, not only once they’re in prison, but once they get out.”\u003c/p>\n\u003cp>During his first week out, Khan has been focusing on reconnecting with his friends and family, and adjusting to life on the outside.\u003c/p>\n\u003cp>“There are times where I wake up in the middle of the night and I’m looking for my [cellmate] and he’s not around,” said Khan. “And then I just smile and go back to sleep. And sometimes I wake up and feel like I’ve been here forever.”\u003c/p>\n\u003cp>Since being released, Khan has had to learn to text and use a smartphone, because cellphones didn’t even have cameras yet when he was incarcerated nearly 16 years ago.\u003c/p>\n\u003cp>“Did I ever expect to get out? That’s a very hard question, because some people like to say that I’m a pessimist. I like to say I’m a realist,” said Khan. “And what that meant for me was I have 25 years to life. And I have 25 years to do before I’m even eligible for a parole board. And so did I ever feel like I was going home? Honestly, sometimes the hope was there. But realistically, it was too far for me to even think if I was or not.”\u003c/p>\n\u003cp>Khan is one of the first to benefit from SB 1437 — but as many as 800 other inmates with murder convictions may be eligible for shorter sentences.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2003, at age 18, Adnan Khan was involved in the robbery of a marijuana dealer. His accomplice stabbed and killed the man in the process.\u003c/p>\n\u003cp>Under California’s felony murder rule, Khan was held equally responsible for the killing. He was convicted of felony murder, and got a sentence of 25 years to life.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘With this new legislation change, the law says that I’m not responsible for the murder. I still take responsibility for it, and I have since day one.’\u003ccite>Adnan Khan\u003c/cite>\u003c/aside>\n\u003cp>Khan spent nearly half of his life behind bars, the last four years in San Quentin State Prison in Marin County.\u003c/p>\n\u003cp>“Sixteen years ago, I participated in and committed a robbery. And I was absolutely wrong for that,” Khan said. “Unfortunately, the man that I was with stabbed and killed the young man. And my intentions were not to kill anyone.”\u003c/p>\n\u003cp>Then, something changed on Jan. 1. That’s when \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, co-authored by state Sen. Nancy Skinner, a Democrat, and Assemblyman Joel Anderson, a Republican, took effect. The bill changed the law that allowed prosecutors to lock up Khan for a murder he didn’t actually commit.\u003c/p>\n\u003cp>Khan’s murder conviction was overturned last week.\u003c/p>\n\u003cfigure id=\"attachment_11720836\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11720836\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/IMG_9423-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/01/IMG_9423-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adnan Khan sits in the Re:store Justice transitional home in Oakland where he is now living. \u003ccite>(Hope McKenney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“This law changes a centuries-old law in California known as the felony murder rule,” said Kate Chatfield, policy director at \u003ca href=\"https://restorecal.org/\">Re:store Justice\u003c/a>, a criminal justice reform organization Khan co-founded while in prison.\u003c/p>\n\u003cp>Chatfield is also Khan’s lawyer.\u003c/p>\n\u003cp>“Under the felony murder rule, all accomplices to certain felonies including, most commonly, robbery and burglary, can be charged and convicted of a first-degree murder when an accomplice kills another person, or when a death occurs,” she said.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I think that we barely touch the surface on incarcerated people telling their own stories.’\u003ccite>Adnan Khan\u003c/cite>\u003c/aside>\n\u003cp>On Jan. 18, Khan went to court and was resentenced to three years for the Antioch robbery. He has already served five times that amount, and was released. He will no longer have a murder charge on his record.\u003c/p>\n\u003cp>Khan is the first person to be released from prison under SB 1437. Prior to the bipartisan bill, state law allowed people who participated in crimes that led to a death — even if they did not assist in the killing — to be convicted of felony murder.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“With this new legislation change, the law says that I’m not responsible for the murder,” said Khan. “Although the law has changed, I still do take responsibility for it, and I have since day one.”\u003c/p>\n\u003cp>While he was in prison, Khan got involved in criminal justice reform work.\u003c/p>\n\u003cp>He co-founded Re:store Justice, which helped sponsor SB 1437. He also mentored youth and worked on the San Quentin video program, \u003ca href=\"https://restorecal.org/firstwatch/#targetfwvideos\">First Watch\u003c/a>, which seeks to humanize incarceration by telling the stories of inmates. He plans to continue this work.\u003c/p>\n\u003cp>“I think that we barely touch the surface on incarcerated people telling their own stories,” said Khan. “Being out now, I want to pursue that and continue it from my side, and start telling stories about formerly incarcerated people.”\u003c/p>\n\u003cp>He noted that much of the debate around criminal justice — and ultimately, the laws that came out of those debates in years past — was driven by anecdotes.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714600/california-inmates-convicted-under-felony-murder-rule-prep-for-new-shot-at-freedom\">California Inmates Convicted Under ‘Felony Murder Rule’ Prep for New Shot at Freedom\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714600/california-inmates-convicted-under-felony-murder-rule-prep-for-new-shot-at-freedom\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/featured-image.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>“A lot of laws and sentencing reform and criminal justice reform is based around telling stories,” Khan said. “A lot of laws went into effect from telling the other side of the story: The dangers, the monsters, the criminals, that you can’t trust them. And I know that’s not true for many of the men and even formerly incarcerated women I’ve met. We want to highlight the stories of the great, amazing work people are doing, not only once they’re in prison, but once they get out.”\u003c/p>\n\u003cp>During his first week out, Khan has been focusing on reconnecting with his friends and family, and adjusting to life on the outside.\u003c/p>\n\u003cp>“There are times where I wake up in the middle of the night and I’m looking for my [cellmate] and he’s not around,” said Khan. “And then I just smile and go back to sleep. And sometimes I wake up and feel like I’ve been here forever.”\u003c/p>\n\u003cp>Since being released, Khan has had to learn to text and use a smartphone, because cellphones didn’t even have cameras yet when he was incarcerated nearly 16 years ago.\u003c/p>\n\u003cp>“Did I ever expect to get out? That’s a very hard question, because some people like to say that I’m a pessimist. I like to say I’m a realist,” said Khan. “And what that meant for me was I have 25 years to life. And I have 25 years to do before I’m even eligible for a parole board. And so did I ever feel like I was going home? Honestly, sometimes the hope was there. But realistically, it was too far for me to even think if I was or not.”\u003c/p>\n\u003cp>Khan is one of the first to benefit from SB 1437 — but as many as 800 other inmates with murder convictions may be eligible for shorter sentences.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "California Arrest Rate Down 58 Percent Since 1989, Racial Disparities Remain High",
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"content": "\u003cp>Arrest rates in California are the lowest they’ve been in nearly four decades, but African-Americans continue to be arrested at a disproportionately high rate across the state, according to a new report released Monday evening.\u003c/p>\n\u003cp>Report co-author Magnus Lofstrom says he hopes the data in the Public Policy Institute of California’s latest analysis can be used as a starting point to finding solutions to those inequalities.\u003c/p>\n\u003cp>“The first step here in moving us toward solutions and less disparity is to create this shared understanding of the facts,” Lofstrom said, “and that’s how we can frame constructive, solutions-oriented discussions.”\u003c/p>\n\u003cp>Lofstrom and his colleagues studied arrest data from 1980 to 2016, and found rates had fallen 58 percent from their peak in 1989.\u003c/p>\n\u003cp>The \u003ca href=\"http://go.pardot.com/e/156151/arities-and-county-difference-/3qrkc4/901847919\" target=\"_blank\" rel=\"noopener\">PPIC analysis\u003c/a> determined that drop was driven primarily by a sharp decrease in the number of misdemeanor arrests and the rate of arrests of young people. The rate for kids 17 or younger dropped by 84 percent, and it went down 63 percent for those ages 18 to 24.\u003c/p>\n\u003cfigure id=\"attachment_11709872\" class=\"wp-caption aligncenter\" style=\"max-width: 650px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709872 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-3.png\" alt=\"\" width=\"650\" height=\"330\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3.png 650w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3-160x81.png 160w\" sizes=\"(max-width: 650px) 100vw, 650px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We don’t just see a drop in juvenile crime — juvenile crime has fallen off the table in California,” said Mike Males, senior research fellow with the San Francisco-based Center on Juvenile and Criminal Justice. “But the thing is, we don’t actually know why it occurred.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>There are several possibilities, including an evolution in how the state handles young people accused of crimes. In the mid-1990s, Congress required states to deal with disproportionate numbers of incarcerated youth. At the same time, California began shifting responsibility for juvenile offenders to the counties. And in 2007, California counties were allowed to commit only the most serious young offenders to state facilities.\u003c/p>\n\u003cp>“We really need to study these trends more than we have,” Males said. “We haven’t given sufficient attention to why they occurred.”\u003c/p>\n\u003cp>The flip side of the drop in youth arrests is that, according to the report, two-thirds of arrests in 2016 were of individuals between the ages of 18 and 39, though these age groups made up less than one-third of the population.\u003c/p>\n\u003cp>“I think it’s been recognized that really we’re shifting from an urban gang violence problem, which dominated all the news and attention in the 1990s, to an older, chronic drug-abusing population,” Males said. According to the data, rural counties like Lake, Siskiyou and Shasta have the highest arrest rates, while more urban counties like Riverside, Santa Clara and San Francisco have the lowest.\u003c/p>\n\u003cp>The report found a decline in arrest rates across all age, gender, and racial and ethnic groups, with African-Americans seeing the largest decline of about 12,000 fewer arrests per 100,000 African-American residents in 2016, compared to the high in 1989. Felony drug and property arrests of African-Americans fell dramatically, fueling the overall decline.\u003c/p>\n\u003cp>Arrest rates for African-Americans in 2016 were three times higher than those for white people, down from a peak of 3.6 times higher in the early 1990s. Those disparities hold true across the state, with at least 45 counties having an arrest rate for African-Americans that is at least double that of its white residents. Some counties — like \u003ca href=\"https://www.kqed.org/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\" rel=\"noopener\">San Francisco\u003c/a> and San Mateo — have differences of eight and nine times, respectively.\u003c/p>\n\u003cfigure id=\"attachment_11709871\" class=\"wp-caption aligncenter\" style=\"max-width: 688px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709871 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-2.png\" alt=\"\" width=\"688\" height=\"332\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2.png 688w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-240x116.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-375x181.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-520x251.png 520w\" sizes=\"(max-width: 688px) 100vw, 688px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We still see racial disproportion. A lot of it is due to poverty,” Males said, noting that poorer whites also have higher arrest rates. “So it’s partly racial, partly poverty. And it again points to the need for California to do something in a serious way about our income disparities and poverty disparities across the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Overall criminal justice policy in the state has varied widely over the course of the decades captured in the report, from tough-on-crime policies in the 1980s and the state’s three-strikes law passed in the 1990s, to more recent reforms like \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, which passed in 2014 and reclassified many drug felonies to misdemeanors.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Arrest rates in California are the lowest they’ve been in nearly four decades, but African-Americans continue to be arrested at a disproportionately high rate across the state, according to a new report released Monday evening.\u003c/p>\n\u003cp>Report co-author Magnus Lofstrom says he hopes the data in the Public Policy Institute of California’s latest analysis can be used as a starting point to finding solutions to those inequalities.\u003c/p>\n\u003cp>“The first step here in moving us toward solutions and less disparity is to create this shared understanding of the facts,” Lofstrom said, “and that’s how we can frame constructive, solutions-oriented discussions.”\u003c/p>\n\u003cp>Lofstrom and his colleagues studied arrest data from 1980 to 2016, and found rates had fallen 58 percent from their peak in 1989.\u003c/p>\n\u003cp>The \u003ca href=\"http://go.pardot.com/e/156151/arities-and-county-difference-/3qrkc4/901847919\" target=\"_blank\" rel=\"noopener\">PPIC analysis\u003c/a> determined that drop was driven primarily by a sharp decrease in the number of misdemeanor arrests and the rate of arrests of young people. The rate for kids 17 or younger dropped by 84 percent, and it went down 63 percent for those ages 18 to 24.\u003c/p>\n\u003cfigure id=\"attachment_11709872\" class=\"wp-caption aligncenter\" style=\"max-width: 650px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709872 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-3.png\" alt=\"\" width=\"650\" height=\"330\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3.png 650w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3-160x81.png 160w\" sizes=\"(max-width: 650px) 100vw, 650px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We don’t just see a drop in juvenile crime — juvenile crime has fallen off the table in California,” said Mike Males, senior research fellow with the San Francisco-based Center on Juvenile and Criminal Justice. “But the thing is, we don’t actually know why it occurred.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>There are several possibilities, including an evolution in how the state handles young people accused of crimes. In the mid-1990s, Congress required states to deal with disproportionate numbers of incarcerated youth. At the same time, California began shifting responsibility for juvenile offenders to the counties. And in 2007, California counties were allowed to commit only the most serious young offenders to state facilities.\u003c/p>\n\u003cp>“We really need to study these trends more than we have,” Males said. “We haven’t given sufficient attention to why they occurred.”\u003c/p>\n\u003cp>The flip side of the drop in youth arrests is that, according to the report, two-thirds of arrests in 2016 were of individuals between the ages of 18 and 39, though these age groups made up less than one-third of the population.\u003c/p>\n\u003cp>“I think it’s been recognized that really we’re shifting from an urban gang violence problem, which dominated all the news and attention in the 1990s, to an older, chronic drug-abusing population,” Males said. According to the data, rural counties like Lake, Siskiyou and Shasta have the highest arrest rates, while more urban counties like Riverside, Santa Clara and San Francisco have the lowest.\u003c/p>\n\u003cp>The report found a decline in arrest rates across all age, gender, and racial and ethnic groups, with African-Americans seeing the largest decline of about 12,000 fewer arrests per 100,000 African-American residents in 2016, compared to the high in 1989. Felony drug and property arrests of African-Americans fell dramatically, fueling the overall decline.\u003c/p>\n\u003cp>Arrest rates for African-Americans in 2016 were three times higher than those for white people, down from a peak of 3.6 times higher in the early 1990s. Those disparities hold true across the state, with at least 45 counties having an arrest rate for African-Americans that is at least double that of its white residents. Some counties — like \u003ca href=\"https://www.kqed.org/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\" rel=\"noopener\">San Francisco\u003c/a> and San Mateo — have differences of eight and nine times, respectively.\u003c/p>\n\u003cfigure id=\"attachment_11709871\" class=\"wp-caption aligncenter\" style=\"max-width: 688px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709871 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-2.png\" alt=\"\" width=\"688\" height=\"332\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2.png 688w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-240x116.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-375x181.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-520x251.png 520w\" sizes=\"(max-width: 688px) 100vw, 688px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We still see racial disproportion. A lot of it is due to poverty,” Males said, noting that poorer whites also have higher arrest rates. “So it’s partly racial, partly poverty. And it again points to the need for California to do something in a serious way about our income disparities and poverty disparities across the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Overall criminal justice policy in the state has varied widely over the course of the decades captured in the report, from tough-on-crime policies in the 1980s and the state’s three-strikes law passed in the 1990s, to more recent reforms like \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, which passed in 2014 and reclassified many drug felonies to misdemeanors.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Working Toward a 'More Just System,' Brown OKs Rollback of Harsh Sentencing Laws",
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"content": "\u003cp>Hundreds of California inmates serving sentences for murder will now be able to challenge their convictions. On Sunday, Gov. Jerry Brown signed a bill repealing a long-standing law allowing prosecutors to charge accomplices with first-degree murder.\u003c/p>\n\u003cp>It’s a huge shift, and one of several bills this year that were opposed by prosecutors and other law enforcement groups.\u003c/p>\n\u003cp>On Sunday, the governor also signed two bills making it harder for juveniles to be charged with crimes. \u003c/p>\n\u003cp>One law \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB439\">prohibits the criminal prosecution of children 11 and younger\u003c/a> unless they are accused of rape or murder. A second \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1391\">bars prosecutors from charging 14- and 15-year-olds as adults\u003c/a>.\u003c/p>\n\u003cp>Brown’s signatures square with \u003ca href=\"https://www.kqed.org/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california\">his efforts the last eight years to roll back harsh sentencing laws\u003c/a> — many of which originated during his first term as governor more than four decades ago. Those early laws helped pack state prisons to the brim, causing an overcrowding crisis. But in recent years, voters and lawmakers have approved a slew of criminal justice reforms as questions of racial inequity and the fairness of long sentences took hold in the cultural zeitgeist.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Brown also signed a bill Sunday that could shorten many criminal sentences. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1393\">Senate Bill 1393\u003c/a> lets judges decide if they should impose extra years onto a sentence — known as an enhancement — when someone convicted of a new felony had a previous conviction on their record.\u003c/p>\n\u003cp>The most closely watched and controversial of these bills, though, was \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a> by state Sen. Nancy Skinner, a Democrat from Oakland. It narrows California law so that only someone with direct involvement in, or planning of, a murder can be charged with that crime.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘My view is we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable and also seeks a path of redemption and reformation wherever possible.’\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>The law is retroactive and will allow an estimated 800 inmates serving time for felony murder to request a re-sentencing hearing. Skinner called the change a “fair and reasonable fix.”\u003c/p>\n\u003cp>“California’s murder statute irrationally treated people who did not commit murder the same as those who did,” Skinner said in a written statement. “SB 1437 makes clear there is a distinction, reserving the harshest punishment to those who directly participate in the death.”\u003c/p>\n\u003cp>The change in law, which will take effect Jan. 1, will have huge ramifications for pending and future cases, including \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">Neko Wilson’s\u003c/a> case, which KQED profiled earlier this year.\u003c/p>\n\u003cp>Wilson was charged nine years ago with murder. He claims he wasn’t present at the killing, and has been in jail and awaiting trial since then. Wilson’s brother and defense attorney, Jacque Wilson, said the new law could let his brother go home to see his aging father and young daughter soon.\u003c/p>\n\u003cp>“This gives him an opportunity to reunite with his family and community,” Jacque Wilson said. “He’s not a killer.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">Not the Killer, But Charged with Murder? The Neko Wilson Case\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/RS32218_wilson-family-qut-1180x834.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The governor’s signature on the felony murder bill wasn’t a shock. His office lobbied lawmakers in the state Assembly to vote for it when the bill appeared on the verge of failing.\u003c/p>\n\u003cp>But the governor appeared to struggle more with the measure barring kids under the age of 16 from being charged as adults.\u003c/p>\n\u003cp>Brown attached a \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2018/09/SB-1391-signing-message.pdf\">signing message\u003c/a> to that signature, noting it was a “difficult bill.”\u003c/p>\n\u003cp>“By definition, any 14 or 15 year old that a district attorney seeks to prosecute as an adult has been accused of very serious crimes,” Brown wrote. “The opposition of certain crime victims and their families to this measure is intense. I have carefully listened to that opposition and it has weighed on me.”\u003c/p>\n\u003cp>But Brown said he has also studied case examples, research and data.\u003c/p>\n\u003cp>In addition to the victim’s pleas, Brown wrote that he’s been considering “the stark racial and geographic disparity in how young men and women are treated who have committed similar crimes.”\u003c/p>\n\u003cp>He noted that teens who face charges in a juvenile court can be held beyond their sentence if they are “deemed truly dangerous.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“There is a fundamental principle at stake here: Whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is much higher,” Brown wrote. “My view is we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable and also seeks a path of redemption and reformation wherever possible.”\u003c/p>\n\n",
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"excerpt": "Gov. Jerry Brown signed several criminal justice reform bills that square with his effort to reduce sentences and return more discretion to judges.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Hundreds of California inmates serving sentences for murder will now be able to challenge their convictions. On Sunday, Gov. Jerry Brown signed a bill repealing a long-standing law allowing prosecutors to charge accomplices with first-degree murder.\u003c/p>\n\u003cp>It’s a huge shift, and one of several bills this year that were opposed by prosecutors and other law enforcement groups.\u003c/p>\n\u003cp>On Sunday, the governor also signed two bills making it harder for juveniles to be charged with crimes. \u003c/p>\n\u003cp>One law \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB439\">prohibits the criminal prosecution of children 11 and younger\u003c/a> unless they are accused of rape or murder. A second \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1391\">bars prosecutors from charging 14- and 15-year-olds as adults\u003c/a>.\u003c/p>\n\u003cp>Brown’s signatures square with \u003ca href=\"https://www.kqed.org/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california\">his efforts the last eight years to roll back harsh sentencing laws\u003c/a> — many of which originated during his first term as governor more than four decades ago. Those early laws helped pack state prisons to the brim, causing an overcrowding crisis. But in recent years, voters and lawmakers have approved a slew of criminal justice reforms as questions of racial inequity and the fairness of long sentences took hold in the cultural zeitgeist.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brown also signed a bill Sunday that could shorten many criminal sentences. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1393\">Senate Bill 1393\u003c/a> lets judges decide if they should impose extra years onto a sentence — known as an enhancement — when someone convicted of a new felony had a previous conviction on their record.\u003c/p>\n\u003cp>The most closely watched and controversial of these bills, though, was \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a> by state Sen. Nancy Skinner, a Democrat from Oakland. It narrows California law so that only someone with direct involvement in, or planning of, a murder can be charged with that crime.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘My view is we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable and also seeks a path of redemption and reformation wherever possible.’\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>The law is retroactive and will allow an estimated 800 inmates serving time for felony murder to request a re-sentencing hearing. Skinner called the change a “fair and reasonable fix.”\u003c/p>\n\u003cp>“California’s murder statute irrationally treated people who did not commit murder the same as those who did,” Skinner said in a written statement. “SB 1437 makes clear there is a distinction, reserving the harshest punishment to those who directly participate in the death.”\u003c/p>\n\u003cp>The change in law, which will take effect Jan. 1, will have huge ramifications for pending and future cases, including \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">Neko Wilson’s\u003c/a> case, which KQED profiled earlier this year.\u003c/p>\n\u003cp>Wilson was charged nine years ago with murder. He claims he wasn’t present at the killing, and has been in jail and awaiting trial since then. Wilson’s brother and defense attorney, Jacque Wilson, said the new law could let his brother go home to see his aging father and young daughter soon.\u003c/p>\n\u003cp>“This gives him an opportunity to reunite with his family and community,” Jacque Wilson said. “He’s not a killer.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">Not the Killer, But Charged with Murder? The Neko Wilson Case\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/RS32218_wilson-family-qut-1180x834.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The governor’s signature on the felony murder bill wasn’t a shock. His office lobbied lawmakers in the state Assembly to vote for it when the bill appeared on the verge of failing.\u003c/p>\n\u003cp>But the governor appeared to struggle more with the measure barring kids under the age of 16 from being charged as adults.\u003c/p>\n\u003cp>Brown attached a \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2018/09/SB-1391-signing-message.pdf\">signing message\u003c/a> to that signature, noting it was a “difficult bill.”\u003c/p>\n\u003cp>“By definition, any 14 or 15 year old that a district attorney seeks to prosecute as an adult has been accused of very serious crimes,” Brown wrote. “The opposition of certain crime victims and their families to this measure is intense. I have carefully listened to that opposition and it has weighed on me.”\u003c/p>\n\u003cp>But Brown said he has also studied case examples, research and data.\u003c/p>\n\u003cp>In addition to the victim’s pleas, Brown wrote that he’s been considering “the stark racial and geographic disparity in how young men and women are treated who have committed similar crimes.”\u003c/p>\n\u003cp>He noted that teens who face charges in a juvenile court can be held beyond their sentence if they are “deemed truly dangerous.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“There is a fundamental principle at stake here: Whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is much higher,” Brown wrote. “My view is we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable and also seeks a path of redemption and reformation wherever possible.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California’s justice system more “just and fair.” He’s shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he’s ever been involved in.\u003c/p>\n\u003cp>“It’s been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,” Hertzberg said. “That’s the issue: We have, baked in our law … a system that punishes people, that takes away their liberty because they have less money in their pocket.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders’ support. Brown’s office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU’s decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will “effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.”\u003c/p>\n\u003cp>But, she added, “SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.”\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>“Some of you may have heard rumors along the way to the effect that we were watering down,” Bonta said. “I say take another look.”\u003c/p>\n\u003cp>“From the beginning, we said we were going to reform money bail,” he added, “and with this bill we are actually abolishing it. I would say that is significant fundamental reform.”\u003c/p>\n\u003cp>Bonta said the bill’s changes would also protect public safety and “make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California’s justice system more “just and fair.” He’s shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he’s ever been involved in.\u003c/p>\n\u003cp>“It’s been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,” Hertzberg said. “That’s the issue: We have, baked in our law … a system that punishes people, that takes away their liberty because they have less money in their pocket.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders’ support. Brown’s office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU’s decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will “effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.”\u003c/p>\n\u003cp>But, she added, “SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.”\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>“Some of you may have heard rumors along the way to the effect that we were watering down,” Bonta said. “I say take another look.”\u003c/p>\n\u003cp>“From the beginning, we said we were going to reform money bail,” he added, “and with this bill we are actually abolishing it. I would say that is significant fundamental reform.”\u003c/p>\n\u003cp>Bonta said the bill’s changes would also protect public safety and “make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Jacque Wilson’s life changed on Aug. 5, 2009.\u003c/p>\n\u003cp>“I always remember that day, because I was at work and I got a call,” Wilson said. “My younger brother, the youngest one, Lance, said, ‘Neko’s been arrested for murder,’ and I was like, ‘Who’d he kill?’ He said, ‘I don’t think he’s killed anyone but he’s been arrested for murder.’ ”\u003c/p>\n\u003cp>Wilson isn’t just any big brother. He has made his life’s work defending people accused of crimes at the San Francisco Public Defender’s Office. But for the past nine years, he’s had a second job of sorts: defending his younger sibling of a killing they both insist Neko Wilson had nothing to do with.\u003c/p>\n\u003cp>Prosecutors disagree. Nine years ago, they charged Neko with first-degree murder — and said they would seek the death penalty.\u003c/p>\n\u003cp>He was one of six people charged in the murders of a Fresno couple killed during a robbery of a marijuana grow. It’s a killing that prosecutors contend Neko helped to plan.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They’re now seeking life without parole, not the death penalty, but Jacque Wilson insists his brother wasn’t even at the robbery and had no involvement in the killing.\u003c/p>\n\u003cp>The Wilsons have spent nearly a decade fighting the charge, which, unusually, still has not gone to trial. In those nine years, Neko has missed out on a lot. His daughter is now 12. His dad is now 83.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder.’\u003ccite>State Sen. Nancy Skinner\u003c/cite>\u003c/aside>\n\u003cp>“I remember when my father turned 75 and Neko wasn’t there. I remember all the holidays that he’s not there. When we go on any fishing trip, or when I spend time with my dad,” Jacque said. “It’s just a huge, huge void in all of our lives.”\u003c/p>\n\u003cp>So, when he’s not at the public defender’s office, Jacque lives and breathes the case, which could finally go to trial next year. But he has also received new hope by way of a bill currently making its way through the state Legislature.\u003c/p>\n\u003cp>Democratic State Sen. Nancy Skinner authored legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, which would narrow California law so only someone who had direct involvement in a murder or planning of a murder could be charged with murder.\u003c/p>\n\u003cp>Skinner’s proposal seeks to change a legal principle that dates back to British common law days — but has since been repealed in England, Canada and other common law countries, and more recently in a handful of U.S. states.\u003c/p>\n\u003cp>“I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder,” she said.\u003c/p>\n\u003cp>The idea behind felony murder is that someone who participates in a crime that results in a person’s death is just as culpable as the actual killer. Prosecutors argue this acts as a deterrent, and someone who participates in a robbery that turns deadly should be held responsible for the violence.\u003c/p>\n\u003cp>But critics point to cases where accomplices received harsher sentences than killers who struck plea deals. In some cases, the felony murder rule has been used to \u003ca href=\"https://www.chicagoreader.com/chicago/felony-murder-police-shooting-investigation/Content?oid=23200575\">charge criminal accomplices with murder\u003c/a> when police actually pulled the trigger. In others, robbers have been charged with murder when \u003ca href=\"https://www.themarshallproject.org/2015/09/24/a-person-can-be-charged-with-murder-even-if-they-haven-t-killed-anyone\">the victim of the underlying crime\u003c/a> was the shooter.\u003cbr>\n\u003cb>\u003c/b>\u003c/p>\n\u003cp>Skinner says the law isn’t just unfair — it’s also unevenly applied to men of color and often to women. She says of the approximately 170 women serving life sentences in the state, “80 percent of them did not commit murder.”\u003c/p>\n\u003cp>She said her proposal would still let authorities hold people responsible, but only if they are directly involved in the actual killing.\u003c/p>\n\u003cp>“You don’t necessarily have to be the murderer. If you planned it, if you directed it, if you paid for the murder, then of course you can be charged with felony murder,” Skinner said. “But if you were just around or near when a murder occurred — or not even present, but just had an association with the folks who committed that murder — it would be far less likely, if not impossible, for you to be charged with felony murder under my bill.”\u003c/p>\n\u003cp>But SB 1437 wouldn’t just impact pending cases like Neko Wilson’s. It would be applied retroactively and allow an estimated 800 current inmates to challenge their murder convictions through a new resentencing hearing.\u003c/p>\n\u003cp>Allowing people to challenge previous convictions is at the heart of the opposition from many law enforcement groups, including the powerful California District Attorneys Association. In comments to lawmakers, the association wrote that in cases where inmates made plea deals, there’s no court record “to determine the exact level of participation in the crime,” and that “virtually all participants in murders may qualify for relief to which they may not be entitled.”\u003c/p>\n\u003cp>Unlike some criminal sentencing reforms that prosecutors see as nonstarters, however, this proposal has at least brought both sides to the table.\u003c/p>\n\u003cp>Take Sacramento County District Attorney Anne Marie Schubert, who has been \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">vocal in her criticism\u003c/a> of some other recent criminal justice changes.\u003c/p>\n\u003cp>Schubert called the felony murder law “a very harsh rule” and said while she wants to see some tweaks to the bill, “I do agree that there’s area for reform.”\u003c/p>\n\u003cp>The bill already has passed the Senate and must clear the Assembly by the end of August.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If it passes and is signed by Gov. Jerry Brown, Jacque Wilson hopes that the murder charges against his brother will be dropped.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Jacque Wilson’s life changed on Aug. 5, 2009.\u003c/p>\n\u003cp>“I always remember that day, because I was at work and I got a call,” Wilson said. “My younger brother, the youngest one, Lance, said, ‘Neko’s been arrested for murder,’ and I was like, ‘Who’d he kill?’ He said, ‘I don’t think he’s killed anyone but he’s been arrested for murder.’ ”\u003c/p>\n\u003cp>Wilson isn’t just any big brother. He has made his life’s work defending people accused of crimes at the San Francisco Public Defender’s Office. But for the past nine years, he’s had a second job of sorts: defending his younger sibling of a killing they both insist Neko Wilson had nothing to do with.\u003c/p>\n\u003cp>Prosecutors disagree. Nine years ago, they charged Neko with first-degree murder — and said they would seek the death penalty.\u003c/p>\n\u003cp>He was one of six people charged in the murders of a Fresno couple killed during a robbery of a marijuana grow. It’s a killing that prosecutors contend Neko helped to plan.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They’re now seeking life without parole, not the death penalty, but Jacque Wilson insists his brother wasn’t even at the robbery and had no involvement in the killing.\u003c/p>\n\u003cp>The Wilsons have spent nearly a decade fighting the charge, which, unusually, still has not gone to trial. In those nine years, Neko has missed out on a lot. His daughter is now 12. His dad is now 83.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder.’\u003ccite>State Sen. Nancy Skinner\u003c/cite>\u003c/aside>\n\u003cp>“I remember when my father turned 75 and Neko wasn’t there. I remember all the holidays that he’s not there. When we go on any fishing trip, or when I spend time with my dad,” Jacque said. “It’s just a huge, huge void in all of our lives.”\u003c/p>\n\u003cp>So, when he’s not at the public defender’s office, Jacque lives and breathes the case, which could finally go to trial next year. But he has also received new hope by way of a bill currently making its way through the state Legislature.\u003c/p>\n\u003cp>Democratic State Sen. Nancy Skinner authored legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, which would narrow California law so only someone who had direct involvement in a murder or planning of a murder could be charged with murder.\u003c/p>\n\u003cp>Skinner’s proposal seeks to change a legal principle that dates back to British common law days — but has since been repealed in England, Canada and other common law countries, and more recently in a handful of U.S. states.\u003c/p>\n\u003cp>“I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder,” she said.\u003c/p>\n\u003cp>The idea behind felony murder is that someone who participates in a crime that results in a person’s death is just as culpable as the actual killer. Prosecutors argue this acts as a deterrent, and someone who participates in a robbery that turns deadly should be held responsible for the violence.\u003c/p>\n\u003cp>But critics point to cases where accomplices received harsher sentences than killers who struck plea deals. In some cases, the felony murder rule has been used to \u003ca href=\"https://www.chicagoreader.com/chicago/felony-murder-police-shooting-investigation/Content?oid=23200575\">charge criminal accomplices with murder\u003c/a> when police actually pulled the trigger. In others, robbers have been charged with murder when \u003ca href=\"https://www.themarshallproject.org/2015/09/24/a-person-can-be-charged-with-murder-even-if-they-haven-t-killed-anyone\">the victim of the underlying crime\u003c/a> was the shooter.\u003cbr>\n\u003cb>\u003c/b>\u003c/p>\n\u003cp>Skinner says the law isn’t just unfair — it’s also unevenly applied to men of color and often to women. She says of the approximately 170 women serving life sentences in the state, “80 percent of them did not commit murder.”\u003c/p>\n\u003cp>She said her proposal would still let authorities hold people responsible, but only if they are directly involved in the actual killing.\u003c/p>\n\u003cp>“You don’t necessarily have to be the murderer. If you planned it, if you directed it, if you paid for the murder, then of course you can be charged with felony murder,” Skinner said. “But if you were just around or near when a murder occurred — or not even present, but just had an association with the folks who committed that murder — it would be far less likely, if not impossible, for you to be charged with felony murder under my bill.”\u003c/p>\n\u003cp>But SB 1437 wouldn’t just impact pending cases like Neko Wilson’s. It would be applied retroactively and allow an estimated 800 current inmates to challenge their murder convictions through a new resentencing hearing.\u003c/p>\n\u003cp>Allowing people to challenge previous convictions is at the heart of the opposition from many law enforcement groups, including the powerful California District Attorneys Association. In comments to lawmakers, the association wrote that in cases where inmates made plea deals, there’s no court record “to determine the exact level of participation in the crime,” and that “virtually all participants in murders may qualify for relief to which they may not be entitled.”\u003c/p>\n\u003cp>Unlike some criminal sentencing reforms that prosecutors see as nonstarters, however, this proposal has at least brought both sides to the table.\u003c/p>\n\u003cp>Take Sacramento County District Attorney Anne Marie Schubert, who has been \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">vocal in her criticism\u003c/a> of some other recent criminal justice changes.\u003c/p>\n\u003cp>Schubert called the felony murder law “a very harsh rule” and said while she wants to see some tweaks to the bill, “I do agree that there’s area for reform.”\u003c/p>\n\u003cp>The bill already has passed the Senate and must clear the Assembly by the end of August.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If it passes and is signed by Gov. Jerry Brown, Jacque Wilson hopes that the murder charges against his brother will be dropped.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "trump-administration-defends-campus-sexual-assault-rules",
"title": "Trump Administration Defends New Campus Sexual Assault Rules in Court",
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"headTitle": "Trump Administration Defends New Campus Sexual Assault Rules in Court | KQED",
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"content": "\u003cp>Trump administration lawyers are defending their new rules on how campuses should handle cases of sexual assault. Education Secretary Betsy DeVos issued the new guidance last fall, after scrapping Obama-era rules that she said were forcing schools to violate the due process rights of the accused. But survivors’ advocates filed a federal lawsuit shortly after, arguing DeVos’ replacement guidelines discriminate against alleged victims and discourage them from reporting assaults.\u003c/p>\n\u003cp>“The message that is sent is that the administration believes that women who report sexual harassment and violence are liars,” says Jennifer Reisch, legal director of Equal Rights Advocates, one of three groups who brought the lawsuit. She spoke to reporters Thursday, after a hearing on the lawsuit at the U.S. District Court in San Francisco.\u003c/p>\n\u003cp>DeVos’ interim guidelines allow schools to demand a higher standard of evidence that would make it tougher to prove an assault, permit schools to hear appeals only from the accused, and let investigations go on for an indefinite amount of time. \u003c/p>\n\u003cp>None of that was allowed in the Obama era.\u003c/p>\n\u003cp>The prior administration also used to require schools to protect alleged victims during investigations; now, that’s up to schools’ discretion. And the old norm of making the accused student stay away from the accuser is now considered unfair. Schools are supposed to be even-handed — prompting some to rely on “no-contact” orders that apply mutually to both students. But Reisch argues that putting the onus on alleged victims unfairly punishes them, by restricting where they can go and live.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It is sending a message that you come forward at your peril,” she says.\u003c/p>\n\u003cp>Robin Thurston, a senior counsel for the Democracy Forward Foundation and one of the attorneys bringing the lawsuit against the Trump administration’s guidance says that “survivors are being chilled from coming forward.” \u003c/p>\n\u003cp>“The guidance harms women,” Thurston says. “And we think there’s really significant evidence that the decision-makers at the Department of Education were motivated by a view that women and girls in general make false accusations of sexual assault. And the law is very clear that if the government was motivated by a discriminatory mindset, that’s unconstitutional.” \u003c/p>\n\u003cp>The lawsuit cites public comments from DeVos that plaintiffs say exaggerate the problem of false accusations. It also \u003ca href=\"https://www.npr.org/2017/07/13/537082095/education-department-official-apologizes-for-flippant-campus-sexual-assault-comm\">points to a comment\u003c/a> from the then-acting Assistant Secretary for Civil Rights Candice Jackson, who told \u003cem>The New York Times\u003c/em> last summer that she believed “90 percent” of campus sexual assault allegations are really just about drunk sex, or morning-after regrets. Jackson later apologized for the “flippant” remark, insisting it poorly characterized her actual beliefs. \u003c/p>\n\u003cp>The lawsuit also cites comments from President Trump, who has dismissed women who’ve accused him as “phony accusers” out for “some free fame.” \u003c/p>\n\u003cp>“This discriminatory and stereotyped view of women and girls has become formal White House policy” the suit argues, and the “administration’s animus toward woman gives license to … Executive branch decision makers who share the same discriminatory views.” \u003c/p>\n\u003cp>Government officials declined to comment on pending litigation, but in court papers, attorneys argue that a “handful of statements” do not prove “sexism” or discriminatory intent. They argue the case should be thrown out on procedural grounds, because the plaintiffs haven’t sufficiently established that they were harmed by the new guidance, and because the guidance is only temporary anyway.\u003c/p>\n\u003cp>Defense attorney Justin Dillon, who represents students accused of sexual assault and who’s not involved with the case, calls it “completely frivolous.”\u003c/p>\n\u003cfigure id=\"attachment_11681657\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg\" alt='Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus.' width=\"800\" height=\"600\" class=\"size-medium wp-image-11681657\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1920x1440.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-520x390.jpg 520w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sonja Breda, 23, right, holds a sign saying “Stop Betsy” as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus. \u003ccite>(Jacquelyn Martin/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dillon was the lawyer who sued the Obama administration in 2016, arguing its guidance was unlawful because it didn’t go through the proper approval process. But he says that case was different because it specifically named a student and a school harmed by the policy. That lawsuit was withdrawn after the Obama-era guidance was revoked by the Trump administration.\u003c/p>\n\u003cp>Dillon calls DeVos’ September 2017 guidance a “good tonal shift, and a good signal to universities that the era of ignoring due process is over.” While he says he’s disappointed that it hasn’t yet sparked more changes in campus policies, he says campuses that are making changes are making things more fair.\u003c/p>\n\u003cp>For example, he says DeVos’ new rules protect students from being “ambushed” without knowing the charges or evidence against them, and interim measures now tend to be less “draconian.” And if not, Dillon says, the new guidance makes it easier to assert accused students’ due process rights, as happened when a school kicked one of his clients off campus while an investigation was still pending.\u003c/p>\n\u003cp>“I went to them and cited the guidance and said, ‘You can’t do this, you’re interfering with his education,’ ” he recalls. “And in that case I was able to persuade them to let him back on campus.” \u003c/p>\n\u003cp>For schools, the change has brought some measure of confusion. Most are taking a wait-and-see approach, as DeVos is expected to propose permanent rules this fall. It may take until the end of the school year, or longer, for those rules to be finalized.\u003c/p>\n\u003cp>In the meantime, campuses continue to face lawsuits from alleged victims and increasingly successful legal challenges from accused students.\u003c/p>\n\u003cp>“In a lot of ways, it does feel like you’re a bit caught in the middle,” says Martha Alexander, executive director of the Office Of Institutional Equity and Equal Opportunity and Title IX coordinator for the University of Kentucky.\u003c/p>\n\u003cp>UK just changed its policy in June. It keeps the standard of evidence low, but Alexander says “to make it a more balanced policy to make sure all parties had a fair shot,” it builds in more due process protections for accused students. Hearing panels now need to be unanimous when finding a student at fault, and only accused students are now allowed to bring appeals.\u003c/p>\n\u003cp>“I think that this policy, and these changes, really is a step towards getting to a more fair system,” Alexander says.\u003c/p>\n\u003cp>Many campuses say they welcome what they see as more freedom to set rules as they see fit, with less onerous oversight from the government. \u003c/p>\n\u003cp>Peter McDonough, vice president and general counsel for the American Council on Education, a group that represents college and university presidents, says many college presidents are no longer operating in constant fear of the Department of Education’s Office for Civil Rights, which oversees enforcement of Title IX, the federal law that bars gender discrimination in education.\u003c/p>\n\u003cp>Back in the days of the Obama administration, when an individual student complained to the OCR about his or her school, the office would not only investigate that case — it would automatically trigger a systemic investigation of the school, checking for anything else that might be amiss, which could take years. Campuses felt investigations would stay open “until something was found,” McDonough says, which was viewed as a “gotcha approach.”\u003c/p>\n\u003cp>Under the Trump administration, a student complaint to the government is treated more like an isolated incident. McDonough says schools now see the government as more ally than adversary.\u003c/p>\n\u003cp>But Catherine Lhamon, assistant secretary for civil rights in the Department of Education during the Obama administration, says the OCR must be more aggressive in trying to uncover whether schools are handling all cases fairly.\u003c/p>\n\u003cp>“If the government only investigates [complaints that a student] thinks to bring to the government, the government’s not doing its job,” she says. “And I worry every day that [schools are getting] effectively a pass on complying with the law. And that will ruin young lives,” she says.\u003c/p>\n\u003cp>But if the Trump administration’s approach prompts some schools to ease up on how they handle sexual assault cases, it’s also already prompting others schools to double down, according to Andrew Miltenberg, an attorney who has represented hundreds of accused students.\u003c/p>\n\u003cp>“It’s driven very much by personal politics … as opposed to institutional policy,” he says. “There has been a very palpable sense of, ‘Hell no! Women have rights, and I’m not turning around and changing how we treat rape victims just because we have Donald Trump as a president.’ I’ve heard it too many times to discount,” he says.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Miltenberg says policy corrections are needed, but they must be consistent and measured. Campuses that flout due process protections are as troubling, he says, as schools that are now meting out probations for offenses that used to get expulsions. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Trump+Administration+Defends+Campus+Sexual+Assault+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Trump administration lawyers are defending their new rules on how campuses should handle cases of sexual assault. Education Secretary Betsy DeVos issued the new guidance last fall, after scrapping Obama-era rules that she said were forcing schools to violate the due process rights of the accused. But survivors’ advocates filed a federal lawsuit shortly after, arguing DeVos’ replacement guidelines discriminate against alleged victims and discourage them from reporting assaults.\u003c/p>\n\u003cp>“The message that is sent is that the administration believes that women who report sexual harassment and violence are liars,” says Jennifer Reisch, legal director of Equal Rights Advocates, one of three groups who brought the lawsuit. She spoke to reporters Thursday, after a hearing on the lawsuit at the U.S. District Court in San Francisco.\u003c/p>\n\u003cp>DeVos’ interim guidelines allow schools to demand a higher standard of evidence that would make it tougher to prove an assault, permit schools to hear appeals only from the accused, and let investigations go on for an indefinite amount of time. \u003c/p>\n\u003cp>None of that was allowed in the Obama era.\u003c/p>\n\u003cp>The prior administration also used to require schools to protect alleged victims during investigations; now, that’s up to schools’ discretion. And the old norm of making the accused student stay away from the accuser is now considered unfair. Schools are supposed to be even-handed — prompting some to rely on “no-contact” orders that apply mutually to both students. But Reisch argues that putting the onus on alleged victims unfairly punishes them, by restricting where they can go and live.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It is sending a message that you come forward at your peril,” she says.\u003c/p>\n\u003cp>Robin Thurston, a senior counsel for the Democracy Forward Foundation and one of the attorneys bringing the lawsuit against the Trump administration’s guidance says that “survivors are being chilled from coming forward.” \u003c/p>\n\u003cp>“The guidance harms women,” Thurston says. “And we think there’s really significant evidence that the decision-makers at the Department of Education were motivated by a view that women and girls in general make false accusations of sexual assault. And the law is very clear that if the government was motivated by a discriminatory mindset, that’s unconstitutional.” \u003c/p>\n\u003cp>The lawsuit cites public comments from DeVos that plaintiffs say exaggerate the problem of false accusations. It also \u003ca href=\"https://www.npr.org/2017/07/13/537082095/education-department-official-apologizes-for-flippant-campus-sexual-assault-comm\">points to a comment\u003c/a> from the then-acting Assistant Secretary for Civil Rights Candice Jackson, who told \u003cem>The New York Times\u003c/em> last summer that she believed “90 percent” of campus sexual assault allegations are really just about drunk sex, or morning-after regrets. Jackson later apologized for the “flippant” remark, insisting it poorly characterized her actual beliefs. \u003c/p>\n\u003cp>The lawsuit also cites comments from President Trump, who has dismissed women who’ve accused him as “phony accusers” out for “some free fame.” \u003c/p>\n\u003cp>“This discriminatory and stereotyped view of women and girls has become formal White House policy” the suit argues, and the “administration’s animus toward woman gives license to … Executive branch decision makers who share the same discriminatory views.” \u003c/p>\n\u003cp>Government officials declined to comment on pending litigation, but in court papers, attorneys argue that a “handful of statements” do not prove “sexism” or discriminatory intent. They argue the case should be thrown out on procedural grounds, because the plaintiffs haven’t sufficiently established that they were harmed by the new guidance, and because the guidance is only temporary anyway.\u003c/p>\n\u003cp>Defense attorney Justin Dillon, who represents students accused of sexual assault and who’s not involved with the case, calls it “completely frivolous.”\u003c/p>\n\u003cfigure id=\"attachment_11681657\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg\" alt='Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus.' width=\"800\" height=\"600\" class=\"size-medium wp-image-11681657\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1920x1440.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-520x390.jpg 520w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sonja Breda, 23, right, holds a sign saying “Stop Betsy” as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus. \u003ccite>(Jacquelyn Martin/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dillon was the lawyer who sued the Obama administration in 2016, arguing its guidance was unlawful because it didn’t go through the proper approval process. But he says that case was different because it specifically named a student and a school harmed by the policy. That lawsuit was withdrawn after the Obama-era guidance was revoked by the Trump administration.\u003c/p>\n\u003cp>Dillon calls DeVos’ September 2017 guidance a “good tonal shift, and a good signal to universities that the era of ignoring due process is over.” While he says he’s disappointed that it hasn’t yet sparked more changes in campus policies, he says campuses that are making changes are making things more fair.\u003c/p>\n\u003cp>For example, he says DeVos’ new rules protect students from being “ambushed” without knowing the charges or evidence against them, and interim measures now tend to be less “draconian.” And if not, Dillon says, the new guidance makes it easier to assert accused students’ due process rights, as happened when a school kicked one of his clients off campus while an investigation was still pending.\u003c/p>\n\u003cp>“I went to them and cited the guidance and said, ‘You can’t do this, you’re interfering with his education,’ ” he recalls. “And in that case I was able to persuade them to let him back on campus.” \u003c/p>\n\u003cp>For schools, the change has brought some measure of confusion. Most are taking a wait-and-see approach, as DeVos is expected to propose permanent rules this fall. It may take until the end of the school year, or longer, for those rules to be finalized.\u003c/p>\n\u003cp>In the meantime, campuses continue to face lawsuits from alleged victims and increasingly successful legal challenges from accused students.\u003c/p>\n\u003cp>“In a lot of ways, it does feel like you’re a bit caught in the middle,” says Martha Alexander, executive director of the Office Of Institutional Equity and Equal Opportunity and Title IX coordinator for the University of Kentucky.\u003c/p>\n\u003cp>UK just changed its policy in June. It keeps the standard of evidence low, but Alexander says “to make it a more balanced policy to make sure all parties had a fair shot,” it builds in more due process protections for accused students. Hearing panels now need to be unanimous when finding a student at fault, and only accused students are now allowed to bring appeals.\u003c/p>\n\u003cp>“I think that this policy, and these changes, really is a step towards getting to a more fair system,” Alexander says.\u003c/p>\n\u003cp>Many campuses say they welcome what they see as more freedom to set rules as they see fit, with less onerous oversight from the government. \u003c/p>\n\u003cp>Peter McDonough, vice president and general counsel for the American Council on Education, a group that represents college and university presidents, says many college presidents are no longer operating in constant fear of the Department of Education’s Office for Civil Rights, which oversees enforcement of Title IX, the federal law that bars gender discrimination in education.\u003c/p>\n\u003cp>Back in the days of the Obama administration, when an individual student complained to the OCR about his or her school, the office would not only investigate that case — it would automatically trigger a systemic investigation of the school, checking for anything else that might be amiss, which could take years. Campuses felt investigations would stay open “until something was found,” McDonough says, which was viewed as a “gotcha approach.”\u003c/p>\n\u003cp>Under the Trump administration, a student complaint to the government is treated more like an isolated incident. McDonough says schools now see the government as more ally than adversary.\u003c/p>\n\u003cp>But Catherine Lhamon, assistant secretary for civil rights in the Department of Education during the Obama administration, says the OCR must be more aggressive in trying to uncover whether schools are handling all cases fairly.\u003c/p>\n\u003cp>“If the government only investigates [complaints that a student] thinks to bring to the government, the government’s not doing its job,” she says. “And I worry every day that [schools are getting] effectively a pass on complying with the law. And that will ruin young lives,” she says.\u003c/p>\n\u003cp>But if the Trump administration’s approach prompts some schools to ease up on how they handle sexual assault cases, it’s also already prompting others schools to double down, according to Andrew Miltenberg, an attorney who has represented hundreds of accused students.\u003c/p>\n\u003cp>“It’s driven very much by personal politics … as opposed to institutional policy,” he says. “There has been a very palpable sense of, ‘Hell no! Women have rights, and I’m not turning around and changing how we treat rape victims just because we have Donald Trump as a president.’ I’ve heard it too many times to discount,” he says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Miltenberg says policy corrections are needed, but they must be consistent and measured. Campuses that flout due process protections are as troubling, he says, as schools that are now meting out probations for offenses that used to get expulsions. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Trump+Administration+Defends+Campus+Sexual+Assault+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Families searching for relatives in migrant foster care are \u003ca href=\"http://bit.ly/fiorefingerprints\" target=\"_blank\" rel=\"noopener\">submitting to background checks and fingerprinting\u003c/a> that could expose them to arrest by U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>Because of a new Trump administration rule, people in the United States who are trying to sponsor relatives currently in a foster facility or shelter for children \u003ca href=\"https://www.npr.org/2018/06/19/621065383/what-we-know-family-separation-and-zero-tolerance-at-the-border\" target=\"_blank\" rel=\"noopener\">must go through a background check conducted by ICE\u003c/a>.\u003c/p>\n\u003cp>The new rule could lead ICE to arrest family members already in the U.S. or at very least make it more difficult for the Office of Refugee Resettlement to find family members willing to sponsor a migrant child who has been separated from a parent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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