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According to the mayor’s office, the city last week engaged with 235 people. Of those, 24 accepted offers of shelter, seven received shelter, and one person was placed on a mental health hold. The vast majority — 195 people — declined offers or provided no information to city workers.\u003c/p>\n\u003cp>[aside postID=news_11998871 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240801-ENCAMPMENT-SWEEPS-MD-04-KQED-1020x680.jpg']Nisha Kashyap, an attorney for the plaintiffs with Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, called the ruling “incredibly important.”\u003c/p>\n\u003cp>“We have said for a very long time — plaintiffs have said, our clients have said — that they have real concerns about the city’s compliance with its ‘bag and tag’ policy, and that was the impetus of bringing this claim in the first place,” she said.\u003c/p>\n\u003cp>That policy prohibits workers from throwing away people’s belongings, with the exception of hazardous or perishable materials. It also requires them to distinguish between abandoned property and property that has been left unattended temporarily.\u003c/p>\n\u003cp>“They’re not allowed to throw away people’s property, and they’re doing that,” said Jennifer Friedenbach, the executive director of the Coalition on Homelessness, which brought the suit. “If it’s unattended property, they’re supposed to bag and tag it.”\u003c/p>\n\u003cp>In her ruling, Ryu agreed with the unhoused residents that there was sufficient evidence the city was not consistently following its own policy and said its training program “raises more questions than answers.” However, Ryu also decided that it would be unnecessary to require the city to provide regular and detailed reports regarding the property it collects.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jen Kwart, a spokesperson for the city attorney’s office, said in a statement that the city appreciated the judge’s decision to deny part of the plaintiffs’ request.\u003c/p>\n\u003cp>“But we are disappointed the court found the amount of training to be inadequate,” she wrote. “We are evaluating any appropriate next steps.”\u003c/p>\n\u003cp>The expansive case — which initially contained 13 claims — had been \u003ca href=\"https://sfstandard.com/2024/02/23/san-francisco-homelessness-lawsuit-paused/\">placed on hold\u003c/a> in February, pending the U.S. Supreme Court’s \u003ca href=\"https://www.kqed.org/news/11991340/supreme-court-says-laws-criminalizing-homeless-camping-do-not-violate-constitution\">ruling in \u003cem>Grants Pass v. Johnson\u003c/em>\u003c/a>, which took up the question of whether it is cruel and unusual punishment to fine or jail someone for sleeping on public property if there are no alternative shelter spaces available. After the high court determined cities could enforce anti-camping bans, the Ninth Circuit vacated part of Ryu’s injunction on related claims.\u003c/p>\n\u003cp>It left alive a preliminary injunction related to the unhoused residents’ Fourth Amendment claims. Kashyap said other claims in the case will now be considered, including whether the city’s practices violate the rights of people who have disabilities and whether the city’s action constitutes a “state-created danger” — essentially, whether the city’s sweeps place people in even more danger than they would be if they had simply been out on the street.\u003c/p>\n\u003cp>[aside postID=news_11998474 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/008_KQED_SanFrancisco_TentEncampments_05052020_qed-1020x680.jpg']Kashyap pointed to \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S0277953623007657#bib25\">multiple\u003c/a> \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S2667321522000269?via%3Dihub\">research\u003c/a> \u003ca href=\"https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-022-13227-4\">studies\u003c/a> \u003ca href=\"https://jamanetwork.com/journals/jama/article-abstract/2803840\">showing\u003c/a> that clearing encampments without providing appropriate housing or services often leads to more harm, by disrupting people’s connections to service providers, as well as the direct loss of survival gear, medication and legal documents.\u003c/p>\n\u003cp>“[Sweeps] don’t help individuals exit homelessness. 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"title": "San José Police, City Leaders Mourn Community Service Officer Killed by Intoxicated Driver",
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"content": "\u003cp>San José Police Department and city leaders are saddened, angered and frustrated after an intoxicated driver killed a community service officer and seriously injured another.\u003c/p>\n\u003cp>“Today, our police family is heartbroken. We’re still just beginning to wade through the tide of emotions to come for the loss of a brave member of this police department,” Acting Police Chief Paul Joseph said at a press conference on Monday afternoon.\u003c/p>\n\u003cp>Community service Officers Long Pham and Veronica Baer were working traffic control in the area of Monterey Road and Palm Avenue on Saturday night for an unrelated car crash when they became victims of another crash.\u003c/p>\n\u003cp>Police said the officers were in the roadway on Saturday, just before 10 p.m., behind flares, cones and a marked police department Ford Fusion with its lights flashing, Joseph said.\u003c/p>\n\u003cp>That’s when Juan Huerta-Palacios, 44, drove through the area in a 2022 Dodge Charger and struck the Fusion, which then struck Pham and Baer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police said Pham succumbed to his injuries despite efforts of police department staff, firefighters and medical personnel to save him.\u003c/p>\n\u003cp>Baer is hospitalized in serious but stable condition due to major injuries, including a dislocated shoulder, broken jaw, fractured ribs and a brain bleed, Joseph said.\u003c/p>\n\u003cp>“We are grateful for the excellent care she is receiving and are hopeful and anxious for her to begin her recovery. Her strength and resilience are a testament to her dedication to public service,” Joseph said.\u003c/p>\n\u003cfigure id=\"attachment_11998946\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998946\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1920x1278.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">San José Police Department Community Service Officers Long Pham, far right, and Veronica Baer, far left, are seen in this graduation and swearing-in photo from 2022. \u003ccite>(Courtesy San Jose Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Pham, who was born in Vietnam, came to the U.S. as an infant and attended local schools, including Evergreen Community College, police said.\u003c/p>\n\u003cp>“Long was gentle, polite and respectful to everyone, especially to his parents and younger brother,” Joseph said.\u003c/p>\n\u003cp>At the press conference, Mayor Matt Mahan called both Pham and Baer heroes for putting their safety at risk for the community.\u003c/p>\n\u003cp>“Long’s life, his service and his sacrifice will be remembered forever by our police department and our city,” Mahan said. “He put the safety of our community, the community he grew up in before his own. There is no more heroic act.”\u003c/p>\n\u003cfigure id=\"attachment_11998948\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998948\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">San José Mayor Matt Mahan speaks during Monday’s news conference. \u003ccite>(Joseph Geha/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Huerta-Palacios, a Morgan Hill resident, was arrested at the scene for felony DUI and gross vehicular manslaughter. Police said he had previously been arrested for DUI in California.\u003c/p>\n\u003cp>Huerta-Palacios did not suffer any major injuries, but he was taken to a hospital for an “unrelated medical issue” and will be booked into county jail upon his discharge, police said.\u003c/p>\n\u003cp>The investigation into the crash is still active.\u003c/p>\n\u003cp>Mahan asked all community members to be mindful of the risks of dangerous driving or driving under the influence.\u003c/p>\n\u003cp>“We need to look out for each other and honor the memory of Long and so many others like him in our community and across our country. Because if we don’t, we risk taking someone else’s life,” Mahan said.\u003c/p>\n\u003cp>“Rest assured, the person responsible for Long’s death and Veronica’s injuries will be held accountable. This crime will not go unpunished. There will be justice for this reckless act,” Mahan said.\u003c/p>\n\u003cp>The incident marks the first-ever line-of-duty death of a community service officer in the department’s history, police said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We pray it will be the last,” Joseph said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San José Police Department and city leaders are saddened, angered and frustrated after an intoxicated driver killed a community service officer and seriously injured another.\u003c/p>\n\u003cp>“Today, our police family is heartbroken. We’re still just beginning to wade through the tide of emotions to come for the loss of a brave member of this police department,” Acting Police Chief Paul Joseph said at a press conference on Monday afternoon.\u003c/p>\n\u003cp>Community service Officers Long Pham and Veronica Baer were working traffic control in the area of Monterey Road and Palm Avenue on Saturday night for an unrelated car crash when they became victims of another crash.\u003c/p>\n\u003cp>Police said the officers were in the roadway on Saturday, just before 10 p.m., behind flares, cones and a marked police department Ford Fusion with its lights flashing, Joseph said.\u003c/p>\n\u003cp>That’s when Juan Huerta-Palacios, 44, drove through the area in a 2022 Dodge Charger and struck the Fusion, which then struck Pham and Baer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police said Pham succumbed to his injuries despite efforts of police department staff, firefighters and medical personnel to save him.\u003c/p>\n\u003cp>Baer is hospitalized in serious but stable condition due to major injuries, including a dislocated shoulder, broken jaw, fractured ribs and a brain bleed, Joseph said.\u003c/p>\n\u003cp>“We are grateful for the excellent care she is receiving and are hopeful and anxious for her to begin her recovery. Her strength and resilience are a testament to her dedication to public service,” Joseph said.\u003c/p>\n\u003cfigure id=\"attachment_11998946\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998946\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/CSO-LONG-PHAM-GRADUATION-PHOTO-KQED-1920x1278.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">San José Police Department Community Service Officers Long Pham, far right, and Veronica Baer, far left, are seen in this graduation and swearing-in photo from 2022. \u003ccite>(Courtesy San Jose Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Pham, who was born in Vietnam, came to the U.S. as an infant and attended local schools, including Evergreen Community College, police said.\u003c/p>\n\u003cp>“Long was gentle, polite and respectful to everyone, especially to his parents and younger brother,” Joseph said.\u003c/p>\n\u003cp>At the press conference, Mayor Matt Mahan called both Pham and Baer heroes for putting their safety at risk for the community.\u003c/p>\n\u003cp>“Long’s life, his service and his sacrifice will be remembered forever by our police department and our city,” Mahan said. “He put the safety of our community, the community he grew up in before his own. There is no more heroic act.”\u003c/p>\n\u003cfigure id=\"attachment_11998948\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998948\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240805-SJCSO-JG-5-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">San José Mayor Matt Mahan speaks during Monday’s news conference. \u003ccite>(Joseph Geha/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Huerta-Palacios, a Morgan Hill resident, was arrested at the scene for felony DUI and gross vehicular manslaughter. Police said he had previously been arrested for DUI in California.\u003c/p>\n\u003cp>Huerta-Palacios did not suffer any major injuries, but he was taken to a hospital for an “unrelated medical issue” and will be booked into county jail upon his discharge, police said.\u003c/p>\n\u003cp>The investigation into the crash is still active.\u003c/p>\n\u003cp>Mahan asked all community members to be mindful of the risks of dangerous driving or driving under the influence.\u003c/p>\n\u003cp>“We need to look out for each other and honor the memory of Long and so many others like him in our community and across our country. Because if we don’t, we risk taking someone else’s life,” Mahan said.\u003c/p>\n\u003cp>“Rest assured, the person responsible for Long’s death and Veronica’s injuries will be held accountable. This crime will not go unpunished. There will be justice for this reckless act,” Mahan said.\u003c/p>\n\u003cp>The incident marks the first-ever line-of-duty death of a community service officer in the department’s history, police said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We pray it will be the last,” Joseph said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Special Master Slams Conditions at FCI Dublin in Report",
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"content": "\u003cp>Documents ordered unsealed on Friday by a federal judge included a special master’s report that detailed systemic abuse and inadequate medical and mental health care at the Federal Correctional Institution, Dublin.\u003c/p>\n\u003cp>“Management’s failure to ensure staff adhered to [the Bureau of Prison] policy put the health, safety and liberty of [adults in custody] at great risk for many years,” the report from Wendy Still, who was \u003ca href=\"https://www.kqed.org/news/11982014/judge-chooses-top-pick-for-special-master-to-oversee-womens-prison-following-rampant-abuse\">appointed special master in April\u003c/a>, reads. “It is unconscionable that any correctional agency could allow incarcerated individuals under their control and responsibility to be subject to the conditions that existed at FCI-Dublin for such an extended period of time without correction.”\u003c/p>\n\u003cp>U.S. District Judge Yvonne Gonzalez Rogers ordered that Still’s report, along with other previously sealed documents in the class action lawsuit, be made available to the public during a hearing. The lawsuit, \u003ca href=\"https://www.kqed.org/news/11987292/trial-for-class-action-lawsuit-over-troubled-womens-prison-slated-for-june-2025\">filed in August 2023\u003c/a>, alleges that women incarcerated at FCI Dublin were subjected to a culture of abuse, retaliation, and cover-ups.\u003c/p>\n\u003cp>The lawsuit demanded systemic changes at the facility. It is \u003ca href=\"https://www.kqed.org/news/11978712/infamous-east-bay-womens-prison-hit-with-12-additional-sexual-assault-lawsuits\">one of more than 60\u003c/a> filed since 2021 alleging sexual assault and retaliation by FCI Dublin officials.\u003c/p>\n\u003cp>Earlier this year, Rogers \u003ca href=\"https://www.kqed.org/news/11987292/trial-for-class-action-lawsuit-over-troubled-womens-prison-slated-for-june-2025\">set a trial date\u003c/a> for June 2025 after assigning Still to oversee changes to the prison. In April, federal officials \u003ca href=\"https://www.kqed.org/news/11982973/feds-abruptly-close-east-bay-womens-prison-following-sexual-abuse-scandals\">abruptly shut down\u003c/a> the facility and transferred hundreds of people incarcerated there to other federal facilities across the country.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Still wrote in her \u003ca href=\"https://www.documentcloud.org/documents/25030691-fci-dublin-special-master-report\">report\u003c/a> that the facility faced staffing shortages, failed to provide timely access to mental and medical health care and created an environment where inmates feared retaliation if they filed complaints with the warden.\u003c/p>\n\u003cp>She added that she “continues to have concerns that the mistreatment, neglect and abuse” inmates experienced at the facility not be repeated where they were transferred, “as many of the conditions that existed at this facility appear to be longstanding and systemic in nature.”\u003c/p>\n\u003cp>After the facility shut down, the Biden Administration \u003ca href=\"https://www.kqed.org/news/11990979/biden-administration-seeks-to-dismiss-lawsuit-over-bay-area-womens-prison-abuses\">requested the case be dismissed\u003c/a>, calling it “moot.” William Lonthrop, deputy director of the Federal Bureau of Prisons, wrote in a court declaration that there are no immediate plans to reopen the facility, but if overcrowding or other factors affecting federal prisons did force the facility to reopen, it would not house women.\u003c/p>\n\u003cp>Rogers did not rule on the government’s request. She said that there were still issues raised by women who were previously incarcerated at FCI Dublin that needed to be resolved.\u003c/p>\n\u003cp>“You want this court to wipe its hands clean and go its merry way with respect to those hundreds of individuals that are out there?” she asked federal attorneys during the hearing.\u003c/p>\n\u003cp>“What we heard was the judge say really clearly that the issues are ongoing and that the [Bureau of Prisons] needs to be accountable for the harms that they caused,” Susan Beaty, an attorney representing the class of women incarcerated at the prison, told KQED after the hearing.\u003c/p>\n\u003cp>Meanwhile, eight former correctional officers at the prison have been criminally charged with sexual abuse of women who were incarcerated there. Seven have been sentenced. The last, \u003ca href=\"https://www.kqed.org/news/11997595/former-east-bay-prison-officer-charged-with-more-sex-crimes-against-women-in-his-custody\">Darrell Wayne Smith\u003c/a>, is set to go on trial in March on 15 charges and faces a potential life sentence if convicted.\u003c/p>\n\u003cp>Rogers said the documents she ordered unsealed must be available to the public by Monday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">KQED’s \u003ca href=\"https://www.kqed.org/author/ahall\">Alex Hall\u003c/a> and Gilare Zada contributed to this report. \u003c/span>\u003c/i>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Documents ordered unsealed on Friday by a federal judge included a special master’s report that detailed systemic abuse and inadequate medical and mental health care at the Federal Correctional Institution, Dublin.\u003c/p>\n\u003cp>“Management’s failure to ensure staff adhered to [the Bureau of Prison] policy put the health, safety and liberty of [adults in custody] at great risk for many years,” the report from Wendy Still, who was \u003ca href=\"https://www.kqed.org/news/11982014/judge-chooses-top-pick-for-special-master-to-oversee-womens-prison-following-rampant-abuse\">appointed special master in April\u003c/a>, reads. “It is unconscionable that any correctional agency could allow incarcerated individuals under their control and responsibility to be subject to the conditions that existed at FCI-Dublin for such an extended period of time without correction.”\u003c/p>\n\u003cp>U.S. District Judge Yvonne Gonzalez Rogers ordered that Still’s report, along with other previously sealed documents in the class action lawsuit, be made available to the public during a hearing. The lawsuit, \u003ca href=\"https://www.kqed.org/news/11987292/trial-for-class-action-lawsuit-over-troubled-womens-prison-slated-for-june-2025\">filed in August 2023\u003c/a>, alleges that women incarcerated at FCI Dublin were subjected to a culture of abuse, retaliation, and cover-ups.\u003c/p>\n\u003cp>The lawsuit demanded systemic changes at the facility. It is \u003ca href=\"https://www.kqed.org/news/11978712/infamous-east-bay-womens-prison-hit-with-12-additional-sexual-assault-lawsuits\">one of more than 60\u003c/a> filed since 2021 alleging sexual assault and retaliation by FCI Dublin officials.\u003c/p>\n\u003cp>Earlier this year, Rogers \u003ca href=\"https://www.kqed.org/news/11987292/trial-for-class-action-lawsuit-over-troubled-womens-prison-slated-for-june-2025\">set a trial date\u003c/a> for June 2025 after assigning Still to oversee changes to the prison. In April, federal officials \u003ca href=\"https://www.kqed.org/news/11982973/feds-abruptly-close-east-bay-womens-prison-following-sexual-abuse-scandals\">abruptly shut down\u003c/a> the facility and transferred hundreds of people incarcerated there to other federal facilities across the country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Still wrote in her \u003ca href=\"https://www.documentcloud.org/documents/25030691-fci-dublin-special-master-report\">report\u003c/a> that the facility faced staffing shortages, failed to provide timely access to mental and medical health care and created an environment where inmates feared retaliation if they filed complaints with the warden.\u003c/p>\n\u003cp>She added that she “continues to have concerns that the mistreatment, neglect and abuse” inmates experienced at the facility not be repeated where they were transferred, “as many of the conditions that existed at this facility appear to be longstanding and systemic in nature.”\u003c/p>\n\u003cp>After the facility shut down, the Biden Administration \u003ca href=\"https://www.kqed.org/news/11990979/biden-administration-seeks-to-dismiss-lawsuit-over-bay-area-womens-prison-abuses\">requested the case be dismissed\u003c/a>, calling it “moot.” William Lonthrop, deputy director of the Federal Bureau of Prisons, wrote in a court declaration that there are no immediate plans to reopen the facility, but if overcrowding or other factors affecting federal prisons did force the facility to reopen, it would not house women.\u003c/p>\n\u003cp>Rogers did not rule on the government’s request. She said that there were still issues raised by women who were previously incarcerated at FCI Dublin that needed to be resolved.\u003c/p>\n\u003cp>“You want this court to wipe its hands clean and go its merry way with respect to those hundreds of individuals that are out there?” she asked federal attorneys during the hearing.\u003c/p>\n\u003cp>“What we heard was the judge say really clearly that the issues are ongoing and that the [Bureau of Prisons] needs to be accountable for the harms that they caused,” Susan Beaty, an attorney representing the class of women incarcerated at the prison, told KQED after the hearing.\u003c/p>\n\u003cp>Meanwhile, eight former correctional officers at the prison have been criminally charged with sexual abuse of women who were incarcerated there. Seven have been sentenced. The last, \u003ca href=\"https://www.kqed.org/news/11997595/former-east-bay-prison-officer-charged-with-more-sex-crimes-against-women-in-his-custody\">Darrell Wayne Smith\u003c/a>, is set to go on trial in March on 15 charges and faces a potential life sentence if convicted.\u003c/p>\n\u003cp>Rogers said the documents she ordered unsealed must be available to the public by Monday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">KQED’s \u003ca href=\"https://www.kqed.org/author/ahall\">Alex Hall\u003c/a> and Gilare Zada contributed to this report. \u003c/span>\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>WASHINGTON — With immigration emerging as a key, divisive issue in the presidential election, scores of immigrant advocates from California converged on Washington, D.C., this week to put a human face on their concerns and press Congress for a bill that would offer a path to citizenship for millions of long-term people without permanent legal status.\u003c/p>\n\u003cp>At a rally Tuesday morning outside the U.S. Capitol, advocates said that now that Vice President Kamala Harris is leading the Democratic ticket, they have new hope for pro-immigrant policies.\u003c/p>\n\u003cp>Angelica Salas, the executive director of the Coalition for Humane Immigrant Rights of Los Angeles, or CHIRLA, said the fact that Harris is from California — and the daughter of immigrants herself — means she understands the immigrant community.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“She has stood with us in our worst moments,” including during the presidency of Donald Trump, Salas said. “When she knew that our families were fearful, she went to CHIRLA. She talked to our members. She told them that she would be a fighter for them. And she kept her promise.”\u003c/p>\n\u003cp>But Salas said she’s not waiting for Harris to win the presidency. Members of her group and hundreds of advocates from California and nearly a dozen other states plan to visit congressional offices this week to make the case for a bill that would update the 1929 Registry Act, a provision of immigration law that allowed long-term undocumented residents (mostly Europeans at the time) to gain lawful permanent status and eventually citizenship.\u003c/p>\n\u003cp>Over the decades, Congress has periodically updated the “registry date,” but not since 1986. The current cutoff means that \u003ca href=\"https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-4\">immigrants are only eligible if they’ve lived in the U.S. continuously since 1972\u003c/a>.\u003c/p>\n\u003cp>“So that’s what we’re asking: Update this registry law created to bring people out of the shadows,” Salas said. “We need to educate members of Congress and the public. A lot of people don’t even know that the registry law already exists.”\u003c/p>\n\u003cfigure id=\"attachment_11998083\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998083\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Angelica Salas and other immigrant rights activists rally at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A \u003ca href=\"https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx\">Gallup poll this month\u003c/a> found that a growing number of Americans — 55%, up from 41% last year — want immigration levels reduced, and three out of four consider the border a crisis or a major problem. However, a strong majority of Americans also \u003ca href=\"https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx\" target=\"_blank\" rel=\"noopener\">say immigration is good for the country\u003c/a>, and 70% want to let immigrants living in the U.S. illegally become U.S. citizens if they meet certain requirements over time, a policy that has had consistent support for years.\u003c/p>\n\u003cp>However, in a closely divided Congress, with Republicans unified in their opposition to immigration reform, the bill has no chance of passage. The \u003ca href=\"https://www.congress.gov/bill/118th-congress/house-bill/1511/cosponsors\">House bill\u003c/a>, authored by Rep. Zoe Lofgren of San José, has 82 Democratic co-sponsors but no Republican backers. Similarly, \u003ca href=\"https://www.congress.gov/bill/118th-congress/senate-bill/2606\">the Senate version\u003c/a>, authored by California Sen. Alex Padilla and with 10 Democratic co-sponsors, is stuck, as Democrats hold a narrow majority but lack a 60-vote supermajority to overcome Senate filibuster rules.\u003c/p>\n\u003cp>Advocates with CHIRLA said they hoped to persuade Central Valley Rep. David Valadao to support the bill. He’s a rare Republican who has previously supported bipartisan legalization bills. His office did not respond to KQED’s request for an interview.\u003c/p>\n\u003cp>Meanwhile, Trump is working to stir a fear of immigrants among voters and aiming to put Harris on the defensive on immigration, \u003ca href=\"https://app.frame.io/presentations/a2bb65e7-a32e-4cec-9258-847977d4cf76\">attacking her for high levels of unauthorized border crossings in his first television ad\u003c/a> of the general election campaign, released this week.\u003c/p>\n\u003cfigure id=\"attachment_11998081\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998081\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Immigrant rights activists rally at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“As border czar, Kamala threw open our borders that allowed 20 million illegal aliens to stampede into our country from all over the world,” \u003ca href=\"https://www.youtube.com/watch?v=6G3Dl-lhZFU\">Trump alleged at a July 24 campaign rally\u003c/a>, greatly inflating the number of arrivals and falsely assigning Harris a role that was never hers. While President Joe Biden tasked Harris with tackling the root causes of immigration from Central America, she was not in charge of policing the U.S.-Mexico border.\u003c/p>\n\u003cp>Though Harris has a record of supporting long-time immigrants in the U.S., \u003ca href=\"https://www.cbsnews.com/news/kamala-harris-campaign-chief-signals-biden-border-crackdown-continued-if-elected/\">her campaign has indicated she will maintain Biden’s recent asylum restrictions\u003c/a> that the administration credits with a sharp drop in border crossings in recent months that are being challenged in court by migrant advocates.\u003c/p>\n\u003cp>And though Congress is unlikely to take action on the registry bill or any other immigration legislation before the election, analysts say it makes sense that immigrant rights groups are now lobbying in Washington, D.C., to raise awareness of their demands.\u003c/p>\n\u003cp>Political science professor Fernando Guerra, who runs the Center for the Study of Los Angeles at Loyola Marymount University, said advocates are positioning themselves — either to mount a strong defense against the actions of a second Trump presidency or to push Congress and a Harris administration for long-sought legalization.\u003c/p>\n\u003cp>“The emergence of Harris has propelled momentum on the Democratic side, and it’s also mobilizing advocates for all kinds of different policies and especially immigration, to begin to shape the narrative now,” Guerra said. “Being there today and beginning to shift the narrative can have an impact on what will be done in early 2025.”\u003c/p>\n\u003cp>At the rally, Blessing Roland-Magaji, 22, said she showed up to support the registry bill because it would offer a way to make a permanent home in the U.S. A recent Scripps College graduate who’ll start at Stanford Law School in the fall, Roland-Magaji said she was born in Ireland to Nigerian parents and has lived in the U.S. since she was 11 but without legal status.\u003c/p>\n\u003cp>“There are so many temporary solutions. DACA: I immigrated one year too late. When it comes to adjusting [immigration status] through family, I was too old,” she said.” There’s always bars for people who just want to be able to work and live here. I’ve almost been in the States longer than I was ever in Ireland. This is my home.”\u003c/p>\n\u003cfigure id=\"attachment_11998082\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998082\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Blessing Roland-Magaji and other immigrant rights activists at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For another California resident, the journey to the Capitol was motivated by raw pain.\u003c/p>\n\u003cp>Teresa Solís, 57, a health care aide from Santa Rosa, said she has lived in the U.S. for 24 years, working and raising her children in Sonoma County. For years, she has heard elected officials talk about making a path to citizenship for immigrants without permanent legal status like herself. But it has never happened. And the impact hit keenly early this year when her little sister was dying of cancer in Mexico, and Solís was unable to visit her to say goodbye.\u003c/p>\n\u003cp>“That’s why I bought my own ticket to come here,” she said, wiping away tears. “I’m here to fight, not just for me, but for everyone who’s had to go through something like this. It hurts so much, and I thought: ‘If I’m hurting, others are too.’ We need legalization.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON — With immigration emerging as a key, divisive issue in the presidential election, scores of immigrant advocates from California converged on Washington, D.C., this week to put a human face on their concerns and press Congress for a bill that would offer a path to citizenship for millions of long-term people without permanent legal status.\u003c/p>\n\u003cp>At a rally Tuesday morning outside the U.S. Capitol, advocates said that now that Vice President Kamala Harris is leading the Democratic ticket, they have new hope for pro-immigrant policies.\u003c/p>\n\u003cp>Angelica Salas, the executive director of the Coalition for Humane Immigrant Rights of Los Angeles, or CHIRLA, said the fact that Harris is from California — and the daughter of immigrants herself — means she understands the immigrant community.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“She has stood with us in our worst moments,” including during the presidency of Donald Trump, Salas said. “When she knew that our families were fearful, she went to CHIRLA. She talked to our members. She told them that she would be a fighter for them. And she kept her promise.”\u003c/p>\n\u003cp>But Salas said she’s not waiting for Harris to win the presidency. Members of her group and hundreds of advocates from California and nearly a dozen other states plan to visit congressional offices this week to make the case for a bill that would update the 1929 Registry Act, a provision of immigration law that allowed long-term undocumented residents (mostly Europeans at the time) to gain lawful permanent status and eventually citizenship.\u003c/p>\n\u003cp>Over the decades, Congress has periodically updated the “registry date,” but not since 1986. The current cutoff means that \u003ca href=\"https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-4\">immigrants are only eligible if they’ve lived in the U.S. continuously since 1972\u003c/a>.\u003c/p>\n\u003cp>“So that’s what we’re asking: Update this registry law created to bring people out of the shadows,” Salas said. “We need to educate members of Congress and the public. A lot of people don’t even know that the registry law already exists.”\u003c/p>\n\u003cfigure id=\"attachment_11998083\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998083\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-05-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Angelica Salas and other immigrant rights activists rally at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A \u003ca href=\"https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx\">Gallup poll this month\u003c/a> found that a growing number of Americans — 55%, up from 41% last year — want immigration levels reduced, and three out of four consider the border a crisis or a major problem. However, a strong majority of Americans also \u003ca href=\"https://news.gallup.com/poll/647123/sharply-americans-curb-immigration.aspx\" target=\"_blank\" rel=\"noopener\">say immigration is good for the country\u003c/a>, and 70% want to let immigrants living in the U.S. illegally become U.S. citizens if they meet certain requirements over time, a policy that has had consistent support for years.\u003c/p>\n\u003cp>However, in a closely divided Congress, with Republicans unified in their opposition to immigration reform, the bill has no chance of passage. The \u003ca href=\"https://www.congress.gov/bill/118th-congress/house-bill/1511/cosponsors\">House bill\u003c/a>, authored by Rep. Zoe Lofgren of San José, has 82 Democratic co-sponsors but no Republican backers. Similarly, \u003ca href=\"https://www.congress.gov/bill/118th-congress/senate-bill/2606\">the Senate version\u003c/a>, authored by California Sen. Alex Padilla and with 10 Democratic co-sponsors, is stuck, as Democrats hold a narrow majority but lack a 60-vote supermajority to overcome Senate filibuster rules.\u003c/p>\n\u003cp>Advocates with CHIRLA said they hoped to persuade Central Valley Rep. David Valadao to support the bill. He’s a rare Republican who has previously supported bipartisan legalization bills. His office did not respond to KQED’s request for an interview.\u003c/p>\n\u003cp>Meanwhile, Trump is working to stir a fear of immigrants among voters and aiming to put Harris on the defensive on immigration, \u003ca href=\"https://app.frame.io/presentations/a2bb65e7-a32e-4cec-9258-847977d4cf76\">attacking her for high levels of unauthorized border crossings in his first television ad\u003c/a> of the general election campaign, released this week.\u003c/p>\n\u003cfigure id=\"attachment_11998081\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998081\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Immigrant rights activists rally at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“As border czar, Kamala threw open our borders that allowed 20 million illegal aliens to stampede into our country from all over the world,” \u003ca href=\"https://www.youtube.com/watch?v=6G3Dl-lhZFU\">Trump alleged at a July 24 campaign rally\u003c/a>, greatly inflating the number of arrivals and falsely assigning Harris a role that was never hers. While President Joe Biden tasked Harris with tackling the root causes of immigration from Central America, she was not in charge of policing the U.S.-Mexico border.\u003c/p>\n\u003cp>Though Harris has a record of supporting long-time immigrants in the U.S., \u003ca href=\"https://www.cbsnews.com/news/kamala-harris-campaign-chief-signals-biden-border-crackdown-continued-if-elected/\">her campaign has indicated she will maintain Biden’s recent asylum restrictions\u003c/a> that the administration credits with a sharp drop in border crossings in recent months that are being challenged in court by migrant advocates.\u003c/p>\n\u003cp>And though Congress is unlikely to take action on the registry bill or any other immigration legislation before the election, analysts say it makes sense that immigrant rights groups are now lobbying in Washington, D.C., to raise awareness of their demands.\u003c/p>\n\u003cp>Political science professor Fernando Guerra, who runs the Center for the Study of Los Angeles at Loyola Marymount University, said advocates are positioning themselves — either to mount a strong defense against the actions of a second Trump presidency or to push Congress and a Harris administration for long-sought legalization.\u003c/p>\n\u003cp>“The emergence of Harris has propelled momentum on the Democratic side, and it’s also mobilizing advocates for all kinds of different policies and especially immigration, to begin to shape the narrative now,” Guerra said. “Being there today and beginning to shift the narrative can have an impact on what will be done in early 2025.”\u003c/p>\n\u003cp>At the rally, Blessing Roland-Magaji, 22, said she showed up to support the registry bill because it would offer a way to make a permanent home in the U.S. A recent Scripps College graduate who’ll start at Stanford Law School in the fall, Roland-Magaji said she was born in Ireland to Nigerian parents and has lived in the U.S. since she was 11 but without legal status.\u003c/p>\n\u003cp>“There are so many temporary solutions. DACA: I immigrated one year too late. When it comes to adjusting [immigration status] through family, I was too old,” she said.” There’s always bars for people who just want to be able to work and live here. I’ve almost been in the States longer than I was ever in Ireland. This is my home.”\u003c/p>\n\u003cfigure id=\"attachment_11998082\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11998082\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240730-CITIZENSHIP-FOR-ALL-TH-04-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Blessing Roland-Magaji and other immigrant rights activists at the U.S. Capitol in Washington, D.C., on July 30, 2024. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For another California resident, the journey to the Capitol was motivated by raw pain.\u003c/p>\n\u003cp>Teresa Solís, 57, a health care aide from Santa Rosa, said she has lived in the U.S. for 24 years, working and raising her children in Sonoma County. For years, she has heard elected officials talk about making a path to citizenship for immigrants without permanent legal status like herself. But it has never happened. And the impact hit keenly early this year when her little sister was dying of cancer in Mexico, and Solís was unable to visit her to say goodbye.\u003c/p>\n\u003cp>“That’s why I bought my own ticket to come here,” she said, wiping away tears. “I’m here to fight, not just for me, but for everyone who’s had to go through something like this. It hurts so much, and I thought: ‘If I’m hurting, others are too.’ We need legalization.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>LIVE NPR updates on this story can be found \u003ca href=\"https://www.npr.org/live-updates/trump-shooting\">here\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>FBI officials investigating the shooter in Butler, Pa., who targeted former President Donald Trump say they believe he acted alone and have not yet established a motive for Thomas Matthew Crooks’ alleged actions.\u003c/p>\n\u003cp>Kevin Rojek, the special agent in charge of the FBI’s Pittsburgh field office who is leading the investigation into the assassination attempt, said key evidence collected from the scene is being shipped to the FBI lab in Quantico, Va. These include an AR-style 556 rifle, which was purchased legally, as well as Crooks’ cellphone.\u003c/p>\n\u003cp>Also being analyzed is a device found in Crooks’ car. NPR previously reported that the device was explosive in nature. Rojek would not definitively say that, but other officials on a call with reporters said it was “rudimentary” in nature.\u003c/p>\n\u003cp>“Our primary focus is on the phone and we’re working to get access to the phone,” Rojek said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Crooks’ family is cooperating with the investigation, FBI officials said. His father purchased the weapon used in the attack and investigators are looking into how Crooks gained access to it.\u003c/p>\n\u003cp>Investigators are also looking into Crooks’ actions in the days and weeks before the shooting, Rojek said.\u003c/p>\n\u003cp>Robert Wells, assistant director of the FBI’s counterterrorism division, said the bureau was investigating the incident as “an act of domestic terrorism.”\u003c/p>\n\u003cp>There were no indication that Crooks had mental health issues and they found no threatening language on his social media accounts. The investigation is still in its early stages, he said. Investigators have limited insight into recent communications that Crooks made — texts and phone call details — that thus far has not revealed any motive for his actions. Rojek said the FBI has not yet identified an ideology associated with the shooter.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>LIVE NPR updates on this story can be found \u003ca href=\"https://www.npr.org/live-updates/trump-shooting\">here\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>LIVE NPR updates on this story can be found \u003ca href=\"https://www.npr.org/live-updates/trump-shooting\">here\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>FBI officials investigating the shooter in Butler, Pa., who targeted former President Donald Trump say they believe he acted alone and have not yet established a motive for Thomas Matthew Crooks’ alleged actions.\u003c/p>\n\u003cp>Kevin Rojek, the special agent in charge of the FBI’s Pittsburgh field office who is leading the investigation into the assassination attempt, said key evidence collected from the scene is being shipped to the FBI lab in Quantico, Va. These include an AR-style 556 rifle, which was purchased legally, as well as Crooks’ cellphone.\u003c/p>\n\u003cp>Also being analyzed is a device found in Crooks’ car. NPR previously reported that the device was explosive in nature. Rojek would not definitively say that, but other officials on a call with reporters said it was “rudimentary” in nature.\u003c/p>\n\u003cp>“Our primary focus is on the phone and we’re working to get access to the phone,” Rojek said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Crooks’ family is cooperating with the investigation, FBI officials said. His father purchased the weapon used in the attack and investigators are looking into how Crooks gained access to it.\u003c/p>\n\u003cp>Investigators are also looking into Crooks’ actions in the days and weeks before the shooting, Rojek said.\u003c/p>\n\u003cp>Robert Wells, assistant director of the FBI’s counterterrorism division, said the bureau was investigating the incident as “an act of domestic terrorism.”\u003c/p>\n\u003cp>There were no indication that Crooks had mental health issues and they found no threatening language on his social media accounts. The investigation is still in its early stages, he said. Investigators have limited insight into recent communications that Crooks made — texts and phone call details — that thus far has not revealed any motive for his actions. Rojek said the FBI has not yet identified an ideology associated with the shooter.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>LIVE NPR updates on this story can be found \u003ca href=\"https://www.npr.org/live-updates/trump-shooting\">here\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "will-california-rules-ensure-protections-after-supreme-courts-blow-to-federal-regulators",
"title": "Will California Rules Ensure Protections After Supreme Court's Blow to Federal Regulators?",
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"content": "\u003cp>Tucked between headline-grabbing opinions on \u003ca href=\"https://www.washingtonpost.com/politics/2024/07/02/what-is-presidential-immunity-trump-supreme-court/\">presidential immunity\u003c/a>, \u003ca href=\"https://www.npr.org/2024/06/14/nx-s1-5005999/supreme-court-jan-6-prosecutions\">Jan. 6 rioters\u003c/a> and \u003ca href=\"https://calmatters.org/housing/2024/06/california-homeless-camps-grants-pass-ruling/\">homeless encampments\u003c/a>, the U.S. Supreme Court closed out a momentous session late last month with a series of body blows to the federal bureaucracy.\u003c/p>\n\u003cp>Under three back-to-back rulings, regulations that touch nearly every aspect of the American economy and American life (see: rules on food safety, water quality, overtime pay, medical billing, carbon emissions, fisheries monitoring and housing discrimination, to name a few) may soon be \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf\">harder to enforce (PDF)\u003c/a>, more convenient to \u003ca href=\"https://www.supremecourt.gov/DocketPDF/22/22-1008/295695/20240112160022813_22-1008%20Merit%20Reply%20Brief%20Final.pdf\">challenge in court (PDF)\u003c/a> and \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf\">easier to strike down once challenged (PDF)\u003c/a>. For the conservative legal movement and for major business interests who bristle under what they see as an overreaching federal regulatory apparatus, the rulings mark a once-in-a-generation victory against the “\u003ca href=\"https://www.amacad.org/publication/milestones-evolution-administrative-state\">administrative state\u003c/a>.”\u003c/p>\n\u003cp>But in California, the effects of those rulings may be a bit more muted, legal experts say. California has an administrative state of its own.\u003c/p>\n\u003cp>From worker safeguards to water regulations to LGBTQ-protections on college campuses, the rules enforced by California state agencies often meet and exceed the stringency of their federal counterparts. If judges begin swatting down federal regulations as a result of the recent decisions, California’s own rules could serve as a regulatory backup.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For critics of the court’s recent decisions, that’s some consolation.\u003c/p>\n\u003cp>“California is, in a way, better situated than some other states because it is big enough and it has enough expertise in state government to actually provide state law protections that can kind of compensate for weakened federal ones,” said Sean Donahue, a lawyer who represents the Environmental Defense Fund. “That may not be true in some smaller states.”\u003c/p>\n\u003cp>California has plenty of practice playing the role of Blue State bulwark against federal regulatory shifts to the right. During the Trump administration, the state’s Democratic leaders \u003ca href=\"https://story.californiasunday.com/thegreatexception/\">beefed up many state rules\u003c/a> in the face of real or anticipated rollbacks out of Washington, D.C.\u003c/p>\n\u003cp>But as the state discovered then, there is a limit to how far California can go its own way. Many federal statutes explicitly prohibit states from overriding them. Such federal preemption has been decreed by the courts in other cases.\u003c/p>\n\u003cp>“Sometimes yes, California can go on its own,” said Ashutosh Bhagwat, an administrative law professor at UC Davis. “Sometimes it absolutely can’t, and sometimes it’s complicated.”\u003c/p>\n\u003ch2>Three rulings against the bureaucracy\u003c/h2>\n\u003cp>In what may be the most consequential of the session’s three regulatory rulings, the court’s conservative majority swept aside a 40-year-old judicial rule of thumb, known as “Chevron deference.”\u003c/p>\n\u003cp>The concept, named for the \u003ca href=\"https://www.oyez.org/cases/1983/82-1005\">1984 case\u003c/a> that spawned it, required judges to defer to a federal regulator’s interpretation of how to implement a Congressional statute. In a high school civics class version of government, Congress passes the laws and the executive branch, with the President sitting at the top, simply enforces them. But enforcement is rarely simple. Congressional laws can be vague or fail to anticipate every eventuality, technological development or unforeseen problem. Since the New Deal, the federal government’s powers and responsibilities have expanded and grown more complex.\u003c/p>\n\u003cp>Chevron deference is the notion that if a statute is ambiguous and an agency’s interpretation is reasonable on its face, courts should let the bureaucracy call the shots.\u003c/p>\n\u003cp>No more.\u003c/p>\n\u003cp>In his opinion, Supreme Court Chief Justice John Roberts wrote that courts may “respect” federal agency expertise, but \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf\">cannot automatically defer to it (PDF)\u003c/a>. “Agencies have no special competence in resolving statutory ambiguities. Courts do,” he wrote. The upshot: Regulated industries now have a better shot at successfully challenging the federal rules that govern them.\u003c/p>\n\u003cp>Building on the theme of putting a leash on federal bureaucrats, the majority also ruled against the Securities and Exchange Commission and put new limits on when agencies can \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf\">use in-house administrative courts (PDF)\u003c/a> to levy fines, instead requiring agencies to take alleged rule breakers to court.\u003c/p>\n\u003cp>In a third opinion, the Supreme Court ruled that the six-year statute of limitations for when an aggrieved business can challenge a federal regulation starts ticking \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf\">whenever that suing party is first affected by the rule\u003c/a>. Financial regulators in that case had argued that the shot clock starts when the rule itself is enacted, giving regulations a degree of finality once that time expires.\u003c/p>\n\u003cp>All three rulings were decided 6–3, with the court’s conservatives in the majority.\u003c/p>\n\u003ch2>Climate change regulations especially vulnerable\u003c/h2>\n\u003cp>In her dissent in the statute of limitations case, Justice Ketanji Brown Jackson, a Biden appointee, warned that together with the end of Chevron deference, the court’s rulings would unleash a “\u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf\">tsunami of lawsuits (PDF)\u003c/a> against agencies” with the “potential to devastate the functioning of the Federal Government.”\u003c/p>\n\u003cp>Legal experts are still debating just how consequential these rulings will be. Granting less flexibility to federal regulators and opening them up to the threat of indefinite legal challenge from regulated industries implicates an unknowably vast universe of rules. But no one knows which rules are most vulnerable until they wind up in court.\u003c/p>\n\u003cp>“We’ll probably see now a wave of litigation challenging regulations that many had thought of as being long-settled, and how that shakes out in terms of its application to California businesses and California residents and consumers, we just don’t know,” said Julia Stein, an environmental law professor at UCLA.\u003c/p>\n\u003cp>Climate change regulations may be especially ripe for challenge. Lacking much actual legislation on the subject from Congress, the Environmental Protection Agency has resorted to creative interpretations of old environmental statutes, like the \u003ca href=\"https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act#:~:text=Introduction,Air%20Act%20Amendments%20of%201990\">1970 Clean Air Act\u003c/a>, to justify its rules governing greenhouse gas emissions.\u003c/p>\n\u003cp>Such creativity may no longer fly, at least with conservative judges.\u003c/p>\n\u003cp>Federal regulators are “kind of hamstrung in the ability to take innovative approaches,” Stein said, now that the Chevron decision is history. “States, like California, are going to try to make up for that on the back end through their own authority and regulatory power, but it won’t be nearly as effective as if both those entities were working together.”\u003c/p>\n\u003cp>When a state can set its own rules isn’t always clear. Almost 60 years ago, Congress granted California the authority to set its own emission standards for vehicles. But a California mandate requiring major truck manufacturers to ramp up the \u003ca href=\"https://calmatters.org/environment/2019/12/california-controversial-advanced-clean-trucks-regulation-air-pollution/\">sale of zero-emission vehicles \u003c/a>might be an early test case, since experts are divided as to whether an interpretation of the Clean Air Act properly allows for such a law.\u003c/p>\n\u003ch2>California, above and beyond\u003c/h2>\n\u003cp>There are areas of the regulatory universe where California law clearly can, and often does, go far above what the feds require.\u003c/p>\n\u003cp>Labor law is one example.\u003c/p>\n\u003cp>Most California workplace laws are more protective of employees than federal rules. Not only is the state’s $16 minimum wage more than double that required nationwide, the state also maintains and enforces its own rules on overtime pay, independent contractor status, workplace discrimination and workplace safety.\u003c/p>\n\u003cp>Most recently, the federal Occupational Safety and Health Administration proposed a rule requiring employers to \u003ca href=\"https://www.washingtonpost.com/climate-environment/2024/07/02/osha-workers-extreme-heat-protections/\">protect workers from heat illness\u003c/a>. California’s own workplace safety agency has had such a rule in place since 2005 for outdoor workers and is \u003ca href=\"https://calmatters.org/california-divide/2024/06/extreme-heat-california-workplace-rules/\">expanding it to those working indoors\u003c/a> this year.\u003c/p>\n\u003cp>Those rules will stand regardless of legal challenges at the federal level.\u003c/p>\n\u003cp>[aside postID=\"news_11992777,news_11992365,news_11991285\" label=\"Related Stories\"]Such challenges are already on the way elsewhere. The same day the high court snagged final say over rulemaking from federal agencies, a Texas judge cited the Chevron-ending decision in putting a \u003ca href=\"https://www.hrdive.com/news/texas-state-employees-overtime-rule/720251/\">new Biden administration overtime rule on hold\u003c/a> for state employees.\u003c/p>\n\u003cp>A long established stereotype of California would suggest that lawmakers here are already ideologically predisposed to out-red-tape Washington. But many of California’s supercharged state rules are of recent vintage, born out of resistance to the Trump administration.\u003c/p>\n\u003cp>In 2019, then-California state Sen. Hannah-Beth Jackson authored a \u003ca href=\"https://www.edhat.com/news/jackson-bill-to-put-federal-title-ix-standards-into-state-law-passes-out-of-committee/\">handful\u003c/a> of \u003ca href=\"https://www.noozhawk.com/gov-_newsom_signs_state_sen-_jacksons_fairness_bill_for_survivors_of_sexual/\">laws\u003c/a> to put the federal rules that govern gender discrimination in schools and universities into state statute. That was in anticipation of \u003ca href=\"https://www.cnn.com/2020/05/06/politics/education-secretary-betsy-devos-title-ix-regulations/index.html\">controversial changes to Title IX\u003c/a>, a 1972 civil rights law, proposed by the Trump administration.\u003c/p>\n\u003cp>Federal education regulators have mined Title IX’s \u003ca href=\"https://www.espn.com/espnw/title-ix/story/_/id/7722632/37-words-changed-everything\">mere 37 words\u003c/a> to justify regulations on everything from school sports to sexual assault reporting standards to scholarships.\u003c/p>\n\u003cp>Protections for \u003ca href=\"https://calmatters.org/environment/2020/06/california-regulations-wetlands-birds/\">wetlands and migratory birds\u003c/a> and bans of \u003ca href=\"https://www.latimes.com/business/story/2019-08-14/california-bans-pesticide-defying-trump-epa\">certain pesticides\u003c/a> were also ratcheted up in California during the Trump era.\u003c/p>\n\u003cp>But that blue state playbook didn’t always go as planned.\u003c/p>\n\u003cp>In 2019, San Diego Sen. Toni Atkins, then the top Democrat in the state Senate, authored a bill for an \u003ca href=\"https://calmatters.org/environment/2019/09/california-water-dispute-trump-environment-rollbacks/\">anti-Trump “backstop”\u003c/a> — essentially copying and pasting the more stringent federal environmental and workplace rules from the Obama era onto the state’s books. Gov. Gavin Newsom vetoed that bill, calling it “\u003ca href=\"https://calmatters.org/environment/2019/09/veto-environment-bill-california-water-wars-cost-newsom-support/\">a solution in search of a problem\u003c/a>.”\u003c/p>\n\u003ch2>California: A vision of life after Chevron?\u003c/h2>\n\u003cp>The raft of rulings were momentous, but not especially surprising to many court watchers. The Supreme Court had been either ignoring or \u003ca href=\"https://www.nytimes.com/2023/03/06/us/politics/supreme-court-major-questions-doctrine.html\">actively chipping away\u003c/a> at Chevron deference for years.\u003c/p>\n\u003cp>That has some legal experts, even self-described liberals, skeptical that the final effect will be as dramatic as the Supreme Court’s liberal dissenters and many alarmed commentators have suggested.\u003c/p>\n\u003cp>“The major clean water and clean air acts were passed in the ’70s, long before Chevron,” said Bhagwat at UC Davis. “There was administrative law before that. So, the idea that you can’t have administrative law without Chevron is stupid.”\u003c/p>\n\u003cp>Ironically, anyone looking to see what a post-Chevron world might look like could turn to California. State courts never adopted a Chevron-like rule in reviewing regulations. Instead, they’ve taken a \u003ca href=\"https://law.justia.com/cases/california/supreme-court/4th/19/1.html\">more holistic approach\u003c/a>, in which agency interpretations might be granted more weight when they’ve been consistent over time and are based on its own area of expertise. That, in effect, is pretty similar to the new rules of the federal road laid out last month by the U.S. Supreme Court.\u003c/p>\n\u003cp>“So when people say, ‘Oh, this is kind of the end of the world, abolishing Chevron,’ it’s like, well, it hasn’t been the end of the world in California,” said Keith Bishop, a partner with the law firm Allen Matkins who used to work as a California state financial regulator. “At least, not yet.”\u003c/p>\n\u003cp>Still, there are reasons to believe that certain courts outside of California will be keener to uproot regulations than they have been in California. That isn’t a result of differences in legal doctrine between courts, but of political philosophy, said David Carpenter, an appellate lawyer and partner at the law firm Sidley.\u003c/p>\n\u003cp>“In California, there would be a view that courts are going to be relatively more inclined to abide by or to follow or consider or give weight or respect to agency interpretations,” he said. “Depending on what jurisdiction the challenge is raised in, you might expect more hostility between the federal court and whichever administration is in power.”\u003c/p>\n\u003cp>Bhagwat shares the view that the outcome of a regulatory challenge will depend largely on the ideology of a given judge or court. That has led him to offer a less dramatic forecast of the law after this year’s spate of anti-regulatory rulings. “They were ignoring Chevron anyway,” he said. But it has led him to a much more dramatic and darker view of the law in general.\u003c/p>\n\u003cp>“We’re seeing the judiciary starting to reflect the polarization generally in American society,” he said. “There’s this sort of brutal reality on the ground, which is that the law doesn’t matter that much anymore.”\u003c/p>\n\u003cp>\u003cem>Rachel Becker and Jeanne Kuang contributed reporting to this story. \u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "In three rulings, the US Supreme Court dealt a body blow to the federal bureaucracy. From health care to climate to workers' rights, California’s rules often go farther.",
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"title": "Will California Rules Ensure Protections After Supreme Court's Blow to Federal Regulators? | KQED",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/ben-christopher/\">Ben Christopher\u003c/a>, CalMatters",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Tucked between headline-grabbing opinions on \u003ca href=\"https://www.washingtonpost.com/politics/2024/07/02/what-is-presidential-immunity-trump-supreme-court/\">presidential immunity\u003c/a>, \u003ca href=\"https://www.npr.org/2024/06/14/nx-s1-5005999/supreme-court-jan-6-prosecutions\">Jan. 6 rioters\u003c/a> and \u003ca href=\"https://calmatters.org/housing/2024/06/california-homeless-camps-grants-pass-ruling/\">homeless encampments\u003c/a>, the U.S. Supreme Court closed out a momentous session late last month with a series of body blows to the federal bureaucracy.\u003c/p>\n\u003cp>Under three back-to-back rulings, regulations that touch nearly every aspect of the American economy and American life (see: rules on food safety, water quality, overtime pay, medical billing, carbon emissions, fisheries monitoring and housing discrimination, to name a few) may soon be \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf\">harder to enforce (PDF)\u003c/a>, more convenient to \u003ca href=\"https://www.supremecourt.gov/DocketPDF/22/22-1008/295695/20240112160022813_22-1008%20Merit%20Reply%20Brief%20Final.pdf\">challenge in court (PDF)\u003c/a> and \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf\">easier to strike down once challenged (PDF)\u003c/a>. For the conservative legal movement and for major business interests who bristle under what they see as an overreaching federal regulatory apparatus, the rulings mark a once-in-a-generation victory against the “\u003ca href=\"https://www.amacad.org/publication/milestones-evolution-administrative-state\">administrative state\u003c/a>.”\u003c/p>\n\u003cp>But in California, the effects of those rulings may be a bit more muted, legal experts say. California has an administrative state of its own.\u003c/p>\n\u003cp>From worker safeguards to water regulations to LGBTQ-protections on college campuses, the rules enforced by California state agencies often meet and exceed the stringency of their federal counterparts. If judges begin swatting down federal regulations as a result of the recent decisions, California’s own rules could serve as a regulatory backup.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For critics of the court’s recent decisions, that’s some consolation.\u003c/p>\n\u003cp>“California is, in a way, better situated than some other states because it is big enough and it has enough expertise in state government to actually provide state law protections that can kind of compensate for weakened federal ones,” said Sean Donahue, a lawyer who represents the Environmental Defense Fund. “That may not be true in some smaller states.”\u003c/p>\n\u003cp>California has plenty of practice playing the role of Blue State bulwark against federal regulatory shifts to the right. During the Trump administration, the state’s Democratic leaders \u003ca href=\"https://story.californiasunday.com/thegreatexception/\">beefed up many state rules\u003c/a> in the face of real or anticipated rollbacks out of Washington, D.C.\u003c/p>\n\u003cp>But as the state discovered then, there is a limit to how far California can go its own way. Many federal statutes explicitly prohibit states from overriding them. Such federal preemption has been decreed by the courts in other cases.\u003c/p>\n\u003cp>“Sometimes yes, California can go on its own,” said Ashutosh Bhagwat, an administrative law professor at UC Davis. “Sometimes it absolutely can’t, and sometimes it’s complicated.”\u003c/p>\n\u003ch2>Three rulings against the bureaucracy\u003c/h2>\n\u003cp>In what may be the most consequential of the session’s three regulatory rulings, the court’s conservative majority swept aside a 40-year-old judicial rule of thumb, known as “Chevron deference.”\u003c/p>\n\u003cp>The concept, named for the \u003ca href=\"https://www.oyez.org/cases/1983/82-1005\">1984 case\u003c/a> that spawned it, required judges to defer to a federal regulator’s interpretation of how to implement a Congressional statute. In a high school civics class version of government, Congress passes the laws and the executive branch, with the President sitting at the top, simply enforces them. But enforcement is rarely simple. Congressional laws can be vague or fail to anticipate every eventuality, technological development or unforeseen problem. Since the New Deal, the federal government’s powers and responsibilities have expanded and grown more complex.\u003c/p>\n\u003cp>Chevron deference is the notion that if a statute is ambiguous and an agency’s interpretation is reasonable on its face, courts should let the bureaucracy call the shots.\u003c/p>\n\u003cp>No more.\u003c/p>\n\u003cp>In his opinion, Supreme Court Chief Justice John Roberts wrote that courts may “respect” federal agency expertise, but \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf\">cannot automatically defer to it (PDF)\u003c/a>. “Agencies have no special competence in resolving statutory ambiguities. Courts do,” he wrote. The upshot: Regulated industries now have a better shot at successfully challenging the federal rules that govern them.\u003c/p>\n\u003cp>Building on the theme of putting a leash on federal bureaucrats, the majority also ruled against the Securities and Exchange Commission and put new limits on when agencies can \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf\">use in-house administrative courts (PDF)\u003c/a> to levy fines, instead requiring agencies to take alleged rule breakers to court.\u003c/p>\n\u003cp>In a third opinion, the Supreme Court ruled that the six-year statute of limitations for when an aggrieved business can challenge a federal regulation starts ticking \u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf\">whenever that suing party is first affected by the rule\u003c/a>. Financial regulators in that case had argued that the shot clock starts when the rule itself is enacted, giving regulations a degree of finality once that time expires.\u003c/p>\n\u003cp>All three rulings were decided 6–3, with the court’s conservatives in the majority.\u003c/p>\n\u003ch2>Climate change regulations especially vulnerable\u003c/h2>\n\u003cp>In her dissent in the statute of limitations case, Justice Ketanji Brown Jackson, a Biden appointee, warned that together with the end of Chevron deference, the court’s rulings would unleash a “\u003ca href=\"https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf\">tsunami of lawsuits (PDF)\u003c/a> against agencies” with the “potential to devastate the functioning of the Federal Government.”\u003c/p>\n\u003cp>Legal experts are still debating just how consequential these rulings will be. Granting less flexibility to federal regulators and opening them up to the threat of indefinite legal challenge from regulated industries implicates an unknowably vast universe of rules. But no one knows which rules are most vulnerable until they wind up in court.\u003c/p>\n\u003cp>“We’ll probably see now a wave of litigation challenging regulations that many had thought of as being long-settled, and how that shakes out in terms of its application to California businesses and California residents and consumers, we just don’t know,” said Julia Stein, an environmental law professor at UCLA.\u003c/p>\n\u003cp>Climate change regulations may be especially ripe for challenge. Lacking much actual legislation on the subject from Congress, the Environmental Protection Agency has resorted to creative interpretations of old environmental statutes, like the \u003ca href=\"https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act#:~:text=Introduction,Air%20Act%20Amendments%20of%201990\">1970 Clean Air Act\u003c/a>, to justify its rules governing greenhouse gas emissions.\u003c/p>\n\u003cp>Such creativity may no longer fly, at least with conservative judges.\u003c/p>\n\u003cp>Federal regulators are “kind of hamstrung in the ability to take innovative approaches,” Stein said, now that the Chevron decision is history. “States, like California, are going to try to make up for that on the back end through their own authority and regulatory power, but it won’t be nearly as effective as if both those entities were working together.”\u003c/p>\n\u003cp>When a state can set its own rules isn’t always clear. Almost 60 years ago, Congress granted California the authority to set its own emission standards for vehicles. But a California mandate requiring major truck manufacturers to ramp up the \u003ca href=\"https://calmatters.org/environment/2019/12/california-controversial-advanced-clean-trucks-regulation-air-pollution/\">sale of zero-emission vehicles \u003c/a>might be an early test case, since experts are divided as to whether an interpretation of the Clean Air Act properly allows for such a law.\u003c/p>\n\u003ch2>California, above and beyond\u003c/h2>\n\u003cp>There are areas of the regulatory universe where California law clearly can, and often does, go far above what the feds require.\u003c/p>\n\u003cp>Labor law is one example.\u003c/p>\n\u003cp>Most California workplace laws are more protective of employees than federal rules. Not only is the state’s $16 minimum wage more than double that required nationwide, the state also maintains and enforces its own rules on overtime pay, independent contractor status, workplace discrimination and workplace safety.\u003c/p>\n\u003cp>Most recently, the federal Occupational Safety and Health Administration proposed a rule requiring employers to \u003ca href=\"https://www.washingtonpost.com/climate-environment/2024/07/02/osha-workers-extreme-heat-protections/\">protect workers from heat illness\u003c/a>. California’s own workplace safety agency has had such a rule in place since 2005 for outdoor workers and is \u003ca href=\"https://calmatters.org/california-divide/2024/06/extreme-heat-california-workplace-rules/\">expanding it to those working indoors\u003c/a> this year.\u003c/p>\n\u003cp>Those rules will stand regardless of legal challenges at the federal level.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Such challenges are already on the way elsewhere. The same day the high court snagged final say over rulemaking from federal agencies, a Texas judge cited the Chevron-ending decision in putting a \u003ca href=\"https://www.hrdive.com/news/texas-state-employees-overtime-rule/720251/\">new Biden administration overtime rule on hold\u003c/a> for state employees.\u003c/p>\n\u003cp>A long established stereotype of California would suggest that lawmakers here are already ideologically predisposed to out-red-tape Washington. But many of California’s supercharged state rules are of recent vintage, born out of resistance to the Trump administration.\u003c/p>\n\u003cp>In 2019, then-California state Sen. Hannah-Beth Jackson authored a \u003ca href=\"https://www.edhat.com/news/jackson-bill-to-put-federal-title-ix-standards-into-state-law-passes-out-of-committee/\">handful\u003c/a> of \u003ca href=\"https://www.noozhawk.com/gov-_newsom_signs_state_sen-_jacksons_fairness_bill_for_survivors_of_sexual/\">laws\u003c/a> to put the federal rules that govern gender discrimination in schools and universities into state statute. That was in anticipation of \u003ca href=\"https://www.cnn.com/2020/05/06/politics/education-secretary-betsy-devos-title-ix-regulations/index.html\">controversial changes to Title IX\u003c/a>, a 1972 civil rights law, proposed by the Trump administration.\u003c/p>\n\u003cp>Federal education regulators have mined Title IX’s \u003ca href=\"https://www.espn.com/espnw/title-ix/story/_/id/7722632/37-words-changed-everything\">mere 37 words\u003c/a> to justify regulations on everything from school sports to sexual assault reporting standards to scholarships.\u003c/p>\n\u003cp>Protections for \u003ca href=\"https://calmatters.org/environment/2020/06/california-regulations-wetlands-birds/\">wetlands and migratory birds\u003c/a> and bans of \u003ca href=\"https://www.latimes.com/business/story/2019-08-14/california-bans-pesticide-defying-trump-epa\">certain pesticides\u003c/a> were also ratcheted up in California during the Trump era.\u003c/p>\n\u003cp>But that blue state playbook didn’t always go as planned.\u003c/p>\n\u003cp>In 2019, San Diego Sen. Toni Atkins, then the top Democrat in the state Senate, authored a bill for an \u003ca href=\"https://calmatters.org/environment/2019/09/california-water-dispute-trump-environment-rollbacks/\">anti-Trump “backstop”\u003c/a> — essentially copying and pasting the more stringent federal environmental and workplace rules from the Obama era onto the state’s books. Gov. Gavin Newsom vetoed that bill, calling it “\u003ca href=\"https://calmatters.org/environment/2019/09/veto-environment-bill-california-water-wars-cost-newsom-support/\">a solution in search of a problem\u003c/a>.”\u003c/p>\n\u003ch2>California: A vision of life after Chevron?\u003c/h2>\n\u003cp>The raft of rulings were momentous, but not especially surprising to many court watchers. The Supreme Court had been either ignoring or \u003ca href=\"https://www.nytimes.com/2023/03/06/us/politics/supreme-court-major-questions-doctrine.html\">actively chipping away\u003c/a> at Chevron deference for years.\u003c/p>\n\u003cp>That has some legal experts, even self-described liberals, skeptical that the final effect will be as dramatic as the Supreme Court’s liberal dissenters and many alarmed commentators have suggested.\u003c/p>\n\u003cp>“The major clean water and clean air acts were passed in the ’70s, long before Chevron,” said Bhagwat at UC Davis. “There was administrative law before that. So, the idea that you can’t have administrative law without Chevron is stupid.”\u003c/p>\n\u003cp>Ironically, anyone looking to see what a post-Chevron world might look like could turn to California. State courts never adopted a Chevron-like rule in reviewing regulations. Instead, they’ve taken a \u003ca href=\"https://law.justia.com/cases/california/supreme-court/4th/19/1.html\">more holistic approach\u003c/a>, in which agency interpretations might be granted more weight when they’ve been consistent over time and are based on its own area of expertise. That, in effect, is pretty similar to the new rules of the federal road laid out last month by the U.S. Supreme Court.\u003c/p>\n\u003cp>“So when people say, ‘Oh, this is kind of the end of the world, abolishing Chevron,’ it’s like, well, it hasn’t been the end of the world in California,” said Keith Bishop, a partner with the law firm Allen Matkins who used to work as a California state financial regulator. “At least, not yet.”\u003c/p>\n\u003cp>Still, there are reasons to believe that certain courts outside of California will be keener to uproot regulations than they have been in California. That isn’t a result of differences in legal doctrine between courts, but of political philosophy, said David Carpenter, an appellate lawyer and partner at the law firm Sidley.\u003c/p>\n\u003cp>“In California, there would be a view that courts are going to be relatively more inclined to abide by or to follow or consider or give weight or respect to agency interpretations,” he said. “Depending on what jurisdiction the challenge is raised in, you might expect more hostility between the federal court and whichever administration is in power.”\u003c/p>\n\u003cp>Bhagwat shares the view that the outcome of a regulatory challenge will depend largely on the ideology of a given judge or court. That has led him to offer a less dramatic forecast of the law after this year’s spate of anti-regulatory rulings. “They were ignoring Chevron anyway,” he said. But it has led him to a much more dramatic and darker view of the law in general.\u003c/p>\n\u003cp>“We’re seeing the judiciary starting to reflect the polarization generally in American society,” he said. “There’s this sort of brutal reality on the ground, which is that the law doesn’t matter that much anymore.”\u003c/p>\n\u003cp>\u003cem>Rachel Becker and Jeanne Kuang contributed reporting to this story. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The person accused of carrying out a string of arson attacks at UC Berkeley will be transferred to federal custody to face federal charges in the next week, according to their attorney.\u003c/p>\n\u003cp>Casey Robert Goonan, 34, was arrested in connection with four arson attacks — including the firebombing of a police vehicle — on the university’s campus last month. Pro-Palestinian activists have claimed responsibility for the attacks in online posts.\u003c/p>\n\u003cp>Goonan was initially charged in Alameda County with multiple counts of arson and the possession and use of destructive devices, according to a \u003ca href=\"https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/calfire-website/about/communications/624-fei-berkeley-arson-arrest-news-release.pdf?rev=2ea91a3cd20644db8aba5bf21120148d&hash=631197A3A9F969E49C2F5DD1903D2753\">press release (PDF)\u003c/a> from Cal Fire. On Tuesday, the Alameda County District Attorney’s Office said that the United States Office of the Attorney General had taken over prosecution of Goonan, though the details of the federal case are unknown because it is sealed.\u003c/p>\n\u003cp>“Mr. Goonan is aware of the federal charges and is ready to fight them, and is looking forward to their day in court,” Goonan’s attorney, Jeff Wozniak, told KQED.\u003c/p>\n\u003cp>Goonan, a Pleasant Hill resident, was also charged with vandalism and resisting arrest resulting in injury to an officer in connection with a separate incident in San Francisco last September. They appeared at a custody status hearing on Tuesday related to that case and were released by San Francisco Superior Court to face the federal charges, Wozniak said. A status hearing in the San Francisco case is scheduled for July 19.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The exact charges in the federal case will be unsealed when Goonan appears in federal court, which Wozniak expects to happen “by the end of this week or at the beginning of next week,” he said. In the meantime, he said, Goonan will be transferred from San Francisco custody to federal custody at Alameda County’s Santa Rita Jail.\u003c/p>\n\u003cp>Goonan was originally arrested on June 17 in connection with the UC Berkeley arson attacks after an investigation led by the Office of the State Fire Marshal’s Arson and Bomb Unit, along with the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and university police, according to Cal Fire.\u003c/p>\n\u003cp>Cal Fire’s announcement of the charges last month did not elaborate on the details of the arson attacks aside from mentioning the firebombing of a UC Berkeley Police Department vehicle, but daily campus police logs report suspected arson at a construction site near the Dwinelle Annex on June 16 and two additional suspected arson attacks earlier in the month — outside Koshland Hall on June 13 and at the C.V. Starr East Asian Library on June 1.\u003c/p>\n\u003cp>Unidentified pro-Palestinian activists have claimed responsibility for the string of fires through anonymous posts on the website Indybay.com. A \u003ca href=\"https://www.indybay.org/newsitems/2024/06/16/18867409.php\">post\u003c/a> published under the name “marilyn’s daughters” said they set the fire at the construction site near Dwinelle Annex as part of a weeklong effort “in retaliation for [University of California police]’s violent assaults on vulnerable student demonstrators,” citing incidents at UCLA and \u003ca href=\"https://www.kqed.org/news/11988397/many-protesters-arrested-at-uc-santa-cruz-pro-palestinian-encampment\">UC Santa Cruz\u003c/a>.\u003c/p>\n\u003cp>The post also claimed responsibility for the firebombing of a UCPD vehicle; the “burning of dry grass hills,” similar to the arson described in a June 2 campus warning regarding the fire at the C.V. Starr library; and “torching a building on the perimeter of campus,” which fits the description of Koshland Hall.\u003c/p>\n\u003cp>Under the name “student intifada,” \u003ca href=\"https://www.indybay.org/newsitems/2024/06/13/18867336.php\">another post\u003c/a> claimed responsibility for the fire shortly after midnight on June 13, though it did not identify the location. It said that the attack was in response to an altercation between campus officials and UCLA student protesters on June 10, referencing the arrest of a young woman with a megaphone that was \u003ca href=\"https://x.com/ACatWithNews/status/1800405549689024949\">caught on video\u003c/a> and spread widely on social media. The post called on the UC system to “divest from Israel or face our wrath of revenge.”\u003c/p>\n\u003cp>On Tuesday, another fire was started on the roof of UC Berkeley’s Golden Bear Cafe, located at the end of the campus’ student center. University spokesperson Janet Gilmore said that UCPD detectives are investigating it as arson but that the “case does not appear to have any connection to the June arson series.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Rachael Myrow contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The person accused of carrying out a string of arson attacks at UC Berkeley will be transferred to federal custody to face federal charges in the next week, according to their attorney.\u003c/p>\n\u003cp>Casey Robert Goonan, 34, was arrested in connection with four arson attacks — including the firebombing of a police vehicle — on the university’s campus last month. Pro-Palestinian activists have claimed responsibility for the attacks in online posts.\u003c/p>\n\u003cp>Goonan was initially charged in Alameda County with multiple counts of arson and the possession and use of destructive devices, according to a \u003ca href=\"https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/calfire-website/about/communications/624-fei-berkeley-arson-arrest-news-release.pdf?rev=2ea91a3cd20644db8aba5bf21120148d&hash=631197A3A9F969E49C2F5DD1903D2753\">press release (PDF)\u003c/a> from Cal Fire. On Tuesday, the Alameda County District Attorney’s Office said that the United States Office of the Attorney General had taken over prosecution of Goonan, though the details of the federal case are unknown because it is sealed.\u003c/p>\n\u003cp>“Mr. Goonan is aware of the federal charges and is ready to fight them, and is looking forward to their day in court,” Goonan’s attorney, Jeff Wozniak, told KQED.\u003c/p>\n\u003cp>Goonan, a Pleasant Hill resident, was also charged with vandalism and resisting arrest resulting in injury to an officer in connection with a separate incident in San Francisco last September. They appeared at a custody status hearing on Tuesday related to that case and were released by San Francisco Superior Court to face the federal charges, Wozniak said. A status hearing in the San Francisco case is scheduled for July 19.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The exact charges in the federal case will be unsealed when Goonan appears in federal court, which Wozniak expects to happen “by the end of this week or at the beginning of next week,” he said. In the meantime, he said, Goonan will be transferred from San Francisco custody to federal custody at Alameda County’s Santa Rita Jail.\u003c/p>\n\u003cp>Goonan was originally arrested on June 17 in connection with the UC Berkeley arson attacks after an investigation led by the Office of the State Fire Marshal’s Arson and Bomb Unit, along with the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and university police, according to Cal Fire.\u003c/p>\n\u003cp>Cal Fire’s announcement of the charges last month did not elaborate on the details of the arson attacks aside from mentioning the firebombing of a UC Berkeley Police Department vehicle, but daily campus police logs report suspected arson at a construction site near the Dwinelle Annex on June 16 and two additional suspected arson attacks earlier in the month — outside Koshland Hall on June 13 and at the C.V. Starr East Asian Library on June 1.\u003c/p>\n\u003cp>Unidentified pro-Palestinian activists have claimed responsibility for the string of fires through anonymous posts on the website Indybay.com. A \u003ca href=\"https://www.indybay.org/newsitems/2024/06/16/18867409.php\">post\u003c/a> published under the name “marilyn’s daughters” said they set the fire at the construction site near Dwinelle Annex as part of a weeklong effort “in retaliation for [University of California police]’s violent assaults on vulnerable student demonstrators,” citing incidents at UCLA and \u003ca href=\"https://www.kqed.org/news/11988397/many-protesters-arrested-at-uc-santa-cruz-pro-palestinian-encampment\">UC Santa Cruz\u003c/a>.\u003c/p>\n\u003cp>The post also claimed responsibility for the firebombing of a UCPD vehicle; the “burning of dry grass hills,” similar to the arson described in a June 2 campus warning regarding the fire at the C.V. Starr library; and “torching a building on the perimeter of campus,” which fits the description of Koshland Hall.\u003c/p>\n\u003cp>Under the name “student intifada,” \u003ca href=\"https://www.indybay.org/newsitems/2024/06/13/18867336.php\">another post\u003c/a> claimed responsibility for the fire shortly after midnight on June 13, though it did not identify the location. It said that the attack was in response to an altercation between campus officials and UCLA student protesters on June 10, referencing the arrest of a young woman with a megaphone that was \u003ca href=\"https://x.com/ACatWithNews/status/1800405549689024949\">caught on video\u003c/a> and spread widely on social media. The post called on the UC system to “divest from Israel or face our wrath of revenge.”\u003c/p>\n\u003cp>On Tuesday, another fire was started on the roof of UC Berkeley’s Golden Bear Cafe, located at the end of the campus’ student center. University spokesperson Janet Gilmore said that UCPD detectives are investigating it as arson but that the “case does not appear to have any connection to the June arson series.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Rachael Myrow contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp>Get a behind-the-scenes peek at the reporting for On Our Watch: New Folsom as Ayesha Rascoe, host of NPR’s \u003ca href=\"https://www.npr.org/series/1213771050/the-sunday-story-from-up-first\">The Sunday Story from Up First\u003c/a>, speaks with Sukey about the season and the wider context of this kind of journalism.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6251136710\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Mental health resources\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you are currently in crisis, you can dial 988 [U.S.] to reach the National Suicide and Crisis Lifeline.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.samhsa.gov/find-help/national-helpline\">\u003cspan style=\"font-weight: 400\">SAMHSA National Help Line\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://988lifeline.org/\">\u003cspan style=\"font-weight: 400\">988 Suicide and Crisis Lifeline\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.nami.org/help\">\u003cspan style=\"font-weight: 400\">NAMI (National Alliance on Mental Illness) Helpline\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.hhs.gov/programs/prevention-and-wellness/mental-health-substance-abuse/index.html\">\u003cspan style=\"font-weight: 400\">US Health and Human Services\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://warmline.org/warmdir.html\">\u003cspan style=\"font-weight: 400\">Warmline Directory\u003c/span>\u003c/a>\u003c/p>\n\u003cp>\u003cb>Whistleblower resources\u003c/b>\u003c/p>\n\u003cp>\u003ca href=\"http://www.thelamplighterproject.org\">\u003cspan style=\"font-weight: 400\">The Lamplighter Project\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://thesignalsnetwork.org/\">\u003cspan style=\"font-weight: 400\">The Signals Network\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://empowr.us/\">\u003cspan style=\"font-weight: 400\">EMPOWR\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.whistleblowersofamerica.org/\">\u003cspan style=\"font-weight: 400\">Whistleblowers of America\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://whistleblower.org/\">\u003cspan style=\"font-weight: 400\">Government Accountability Project\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.whistleblowers.org/\">\u003cspan style=\"font-weight: 400\">National Whistleblower Center\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://whistlebloweraid.org/\">\u003cspan style=\"font-weight: 400\">Whistleblower Aid\u003c/span>\u003c/a>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">The \u003c/span>\u003c/i>\u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">\u003ci>\u003cspan style=\"font-weight: 400\">Investigative Reporting Program\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> at UC Berkeley’s Graduate School of Journalism was a key partner in making Season 2 of On Our Watch.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">The records obtained for this project are part of the\u003c/span>\u003c/i>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003ci>\u003cspan style=\"font-weight: 400\"> California Reporting Project\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, a coalition of news organizations in California. If you have tips or feedback about this series please reach out to us at \u003c/span>\u003c/i>\u003ca href=\"mailto:onourwatch@kqed.org\">\u003ci>\u003cspan style=\"font-weight: 400\">onourwatch@kqed.org\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp> \u003c/p>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis:\u003c/b>\u003cspan style=\"font-weight: 400\"> Hi, it’s Sukey. This will be our last bonus episode for a while, but we’ll definitely update you if there are any new developments in our reporting. And from time to time, we’ll also share some other podcasts we think you might be interested in checking out. Today I wanted to share a conversation I had on a different show, the Up First podcast from NPR, where you’ll get to hear more of the backstory behind On Our Watch. Here’s that conversation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I’m Ayesha Rascoe, and this is a Sunday story. A warning before we get started, this episode contains mentions of suicide. In recent years, high profile cases of police brutality across the US have brought increased attention and scrutiny to police misconduct and use of force incidents. When something happens, the police often say, “We’re investigating.” But what’s really being done, or not done, to ensure police are held accountable for their actions? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In 2021, a team of reporters from KQED partnered with NPR to take a closer look at the process for how police policed themselves. They made a podcast called On Our Watch, and it was focused on select cases of police misconduct in California. Today, I’m speaking with criminal justice reporter Sukey Lewis, the host of On Our Watch. She and her team have continued to uncover thousands of previously sealed Internal Affairs law enforcement records as part of the multi-newsroom California Reporting Project. Sukey tells me about the reporting behind the new season of her show. In season two, the show digs into recent incidents at one of the most dangerous prisons in California. Our conversation about the story she found within the closed world of correctional facilities, and what it takes to investigate what happens inside of a prison… After the break. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’re back with The Sunday Story. Here with criminal justice reporter Sukey Lewis, host of the KQED podcast On Our Watch. Sukey, welcome to the program. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Thanks so much for having me on. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Before we get into the reporting for the season of On Our Watch, talk to me about the California Reporting Project. You co-founded that in 2018, right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah. So in 2018, the state here in California passed a new law that would open up internal police records, you know, for the first time, basically, we’d get to see inside this black box of police internal affairs. And that law was called the Right to Know Act. And it affected certain categories of internal records, including deadly use of force incidents, serious use of force incidents, which means, you know, when somebody gets really badly injured by police, and dishonesty and sexual assault or sexual misconduct on duty by police officers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">This law gave you access to the paper trail that opened the window to these police departments and how they run, because there’s always a paper trail, right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yes. And for years here in California, it was very secretive. You couldn’t see that paper trail. So some states, like Florida, have had open records laws for a long time. But here in California, because of the power of the police unions, you just could never know. You could never know if somebody was disciplined or fired or like what had happened. And so we teamed up with a group of different news organizations across the state to file blanket public records requests at all 700 law enforcement agencies across the state to start understanding how these systems work. What happens when serious police shooting happens? What happens when you file a complaint against a police officer for excessive force? And they say we’re going to investigate. How does a deadly use of force investigation unfold? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">So. So season one of On Our Watch came directly out of this reporting. You examined select misconduct cases and and kind of the shadowy world of police discipline. So what were some of the big lessons or takeaways from your reporting on season one? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">I think one of our biggest findings was that those promises that we have been made in the public that, “we’re investigating, people will be held accountable,” are really based on this false assumption that its purpose is to provide accountability and that that’s actually not its purpose. It’s a risk management tool. Basically like H.R. Right? If you’re an employee and you make a complaint to H.R., their goal isn’t necessarily to hold the person you made a complaint about to justice. Their goal is to protect the company from liability. That’s what we really found, especially in a secretive system with internal affairs in the world of policing, it was much more about protecting the police department and the city from liability. So sometimes that would mean accountability. Sometimes that would mean an officer gets fired or disciplined because that’s what would protect the city. But that was not actually the goal or the purpose of this institution or the system. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">In this season, you focused on correctional facilities, prisons. How did you decide on that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">We decided to turn to the world of correctional facilities in California, because the California Department of Corrections and Rehabilitation is actually the largest employer of peace officers in the state. And while we had gotten some insight into how police departments were functioning and how these internal affairs systems were working in police departments, the world of corrections is even more of a closed system. I mean, it’s literally behind walls, right? And so getting behind those walls, even if it was just through the paper trail, as you say, seemed like a really important thing to do. And to understand how these prisons, how these small cities work, and how, accountability works in a, in a system where often the people who are making complaints are incarcerated and have even less power than a civilian on the street. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">How did you land on the prison that you focused on? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So we ended up focusing on a prison known as New Folsom or California State Prison Sacramento. And that’s because as we are analyzing data and records from prisons all across the state, there was this pattern that kind of jumped off the page at us. And it for this category of serious use of force incidents — that’s when an officer uses deadly force or seriously injures somebody — there were three times as many of those type of incidents at this one prison than any other prison in the state. And this just kind of raised our alarm bells. We were like, you know, “What is going on at this prison? You know, why is that such an anomaly in the data? Let’s look closer.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We took our findings to some attorneys who work in this space. And these attorneys, they were also surprised. But they said this prison has been, you know, kind of known, known problem. They said, did you know about the whistleblowers that died there? There are these two whistleblowers that died there in the last year. And those two whistleblowers names were correctional officer Valentino Rodriguez and Sergeant Kevin Steele. Officer Valentino Rodriguez. His death was found to be accidental overdose due to fentanyl. And the second officer, Sergeant Kevin Steele, who died about ten months later, died by suicide. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">So within the space of a year, two whistleblowers at this prison had died. I mean, I think that’s going to stop anybody in they tracks. What did you think when you first heard that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, your first thought goes to, is there foul play? Is someone retaliating against these whistleblowers? And so we started doing, you know, what we as investigative journalists do. My colleague Julie Small reached out to the family of Valentino Rodriguez. We both started filing public records requests for the death investigations of each of these men to try and understand what had happened to them, and if there was anything in those death investigations that pointed back to the prison or to to anything else that we needed to uncover. Ultimately, we did not find any evidence of foul play in either case, but we learned a lot more about what they had each been uncovering before they died. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Coming up after the break, Sukey and her team follow the trail of evidence left by correctional officer Valentino Rodriguez and Sergeant Kevin Steele after their deaths. We’re back with a Sunday story. Sukey, once you heard about the two whistleblowers who’d worked at the same prison, New Folsom, you started retracing the events before their deaths. How did you go about that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So one person who ended up being a really key source for us was the father of correctional officer Valentino Rodriguez, who has the same name. So his name is Valentino Rodriguez, Senior. And he ended up being really central to our story. My colleague Julie reached out to him and at first he was really, you know, cautious. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I just I just want this to work both ways. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Right. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">Right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Okay. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I need to know what you’re doing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Okay. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">That’s all I’ve ever asked. I- nobody even knows we’re having these meetings other than my wife. Right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">When we met him, Val Senior was really clearly, you know, still in the midst of the grieving process. And I think part of that process for him was trying to understand, you know, what led to his son’s passing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I just can’t I just can’t turn my back on my son, you know what I mean? And, I owe that to him, and I’m going to go as far as I can. And. And then in the end, if nothing, there’s nothing I tried. Right? I’ll find my answers when my time comes. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So he started to share with us the evidence that he had been gathering, including his son’s phone. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">What did you learn about who Valentino Rodriguez was, how he was as a person, and and this journey that he was on? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">It was it was really incredible. We learned a lot about him. He was a really kind of funny, goofy guy. One of the, you know, things that we found on his phone was this video of him in the Investigative Services unit offices inside this prison. It’s one of the most dangerous prisons in the state of California. And he sets up the camera, and then he steps back, and then he starts dancing, and he’s practicing. He’s learning the cumbia because he’s about to get married. And so he’s practicing the cumbia in this, you know, in this office. And, I just loved kind of coming across these little artifacts of who this person was. He also had a dog named Daisy that he loved and would sing to his dog.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Jr.: \u003c/b>\u003cspan style=\"font-weight: 400\">Super Dog. Super Dog. This the song about Daisy, the Super Dog. One day there was a dog named Daisy, and she was super lazy… \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">And he really worked hard at the prison, like he was really wanted to get into this investigative unit. It was a big career opportunity for him. But the unit itself, once he joined, they didn’t really think he had earned the right to be there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">So when he had his first day there, he had come over after. And, I asked him, “How’s your how was your first day?” And he goes, “It was a bunch of older guys that have been there.” He called them OGs. I says, “How do you go?” And he goes, “They asked who the f*** are you?” You know, his first day, and I just, “Eh that’s prison talk, I guess.” \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, they they had a nickname for him called “Half Patch” to indicate, like he he wasn’t a full member of the team, and he didn’t quite deserve to be there yet. And you can see in his phone, you know, he is trying really hard to fit in with this group of guys and they kind of needle him and call him names, like, just really kind of harassing behavior, you know, from work colleagues. You can see that it really does begin to take a toll on Valentino, and he starts to struggle with his mental health. So he actually has a breakdown at work one day and shares with the chief deputy warden that he is going through some, some really difficult things. And she tells him, okay, you should go out on stress leave. And so he takes some time off work from the prison. But even once he leaves the prison, he really can’t leave it all the way. Like he’s still mentally there and still kind of struggling with the effects of his time there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">I remember sitting on the couch with him and him saying. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">This is Mimy Rodriguez, Valentino’s wife. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">I remember this very clearly. He said, “This is my identity.” He’s like, “I feel like I’ve given up on everything. I feel like I gave up on my job.” He wasn’t at the prison physically, but mentally he was still there. He was still talking to people from the prison. He was still reaching out to people from the- people from the prison were reaching out to him, telling him what was going on within the prison. He he had not at all let that go. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Reading through his text messages, you can see it’s not like he sets out to become a whistleblower. It’s just eating away at him and he can’t quite let it go. He can’t quite turn away from what he’s seen in the prison. And so six days before his death, he ends up going in to talk to the warden, and he tells them about the harassment that he experienced personally, and also different kinds of misconduct that he witnessed, including allegations that other officers in the unit that he worked in were involved in planting drugs and weapons on incarcerated people. And that’s really important because the unit that he worked in is kind of like the police force for the prison. They have this very special role. And so if they’re dirty, that could taint criminal cases that stem from the investigations they do. And the officers in this unit are supposed to be held to a higher standard because they have this higher level of responsibility in the prison than other officers do. So after he makes this report, the word eventually gets out that he’s talked. And he was really nervous about that happening. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">So he was nervous about anybody coming to the house. At one point he had put things at the door, so if someone opened it, you can hear the door open. He also like he had a gun and he would sleep with it just to make sure. And I’m like, “What? Who’s coming?” And I would ask him like, “Is everything okay?” You know, “Who’s- who are you nervous about coming? What is going on?” It’s hard to. It’s hard to see the person you love turn into something different. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">The night that he died, one of the last text messages you can see he sent to his wife was, “It’s out now that I told on the team.” And then she comes home to find him slumped over in the bathroom and no longer breathing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I mean, it’s I mean, it’s so horrible. Who is the other whistleblower? Tell me about him. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So the other whistleblower, his name is Sergeant Kevin Steele. He had worked for the California Department of Corrections for about 20 years at this point. He is a military veteran. Just this real kind of straight arrow guy had a very kind of rigorous sense of morality, a very rigorous sense of right and wrong. He’s seen a lot and been through a lot, and was beginning to come to this point of disillusionment with these systems that he had been promised were going to affect change and provide accountability. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And it’s in this environment that his friend Valentino Rodriguez passes away. And so I think for Steele at this point, Valentino’s death was kind of like the last straw for him. He felt like all these things he’s seen over the years and tried to report up the chain had not been properly addressed. And then there was this kind of moral failing in response to the death of an officer and how they treated Latino’s family after his death. And so Steele decides to make his last stand, basically. And what he does is he writes up a memo to the warden detailing the list of failings, as he sees it — times where the institution failed to keep its promises to the public, and times where it failed to keep people safe, and times where it failed to protect officers from harassment and things like that. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so he writes up this memo and sends it off to the warden. And after that, he actually leaves California. He moves to Missouri, and it seems like his plan was to drop this bomb and then right off into the sunset. He was planning to retire at the end of the year and just kind of be done with the prison and with this whole institution. But much like we saw with Valentino, even though Sergeant Kevin Steele is out of the prison and, you know, even miles and miles away, he’s still trapped there mentally. And, you know, at one point, about eight months after he’s he’s left the state, things reach a head for him. And one day, Steele goes into the shed on his property in Missouri and he doesn’t come out again. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I mean these are, you know, two extremely tragic losses. But both of these whistleblowers, they left behind evidence for you to understand New Folsom, right? The the failures that happened there, like for Valentino, you had his phone and and Steele wrote a memo that talked about his concerns about use of force incidents going back years. What did you find out when you started looking into those? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So one of the things that was really incredible about this story is the evidence that was left behind. Steele’s memo kind of gave us this key to understanding what he saw was wrong with these incidents, which was that the injuries that people were showing up in the hospital with — incarcerated people — were not matching the reports. So we started kind of looking at our incident reports, kind of through this lens that he had left for us. And seeing how repeatedly, these incident reports had this kind of pattern to them, almost. And a lot of these incidents, that appeared very troubling, you know, occurred in areas where there was no camera coverage. And the use of force described often did not, you know, at all make sense on how they got injured. So it would be something like I think one of them was like, “We guided the man to the floor and they ended up, you know, with internal bleeding and, and broken ribs.” And you’re like, okay, like how how does that even make- make that makes sense, right? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And what we saw over and over again in these cases is that they didn’t result in discipline for officers. Well, you know, one theme that we just kind of ran into over and over again is the code of silence. And it’s basically an agreement, you know, unspoken agreement to never tell on each other. And it’s this is something that we’ve seen in policing as well with the Thin Blue line. But I would say it’s even stronger in a prison context. And because there isn’t that thing of a bystander who can kind of intercede or be an outside witness to events, that code of silence is just a really, really thick wall to break. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so many people that we talked to, we talked to correctional officers for this story, many of whom did not want to go on the record because they fear retaliation. Even retired officers who still feel like potentially the agency could come after them for their pensions if they talk. There is no real incentive to do so. Like even institutionally, you will be reassigned. You will not be rewarded basically for for reporting things like that. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">You’re confirming this culture of silence that both Steele and Val experienced and and tried to disrupt. What did you ultimately end up finding out about their deaths? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So again, we did not find there was any evidence of foul play. But I feel like our reporting really does clearly show that they were victims. They were victims of this system, and they were victims of this code of silence and that fear and the kind of psychosocial trauma that they experienced by having to go against this, this machine, in order to try and do what they felt was the right thing, really contributed to their deaths, and contributed to the decline of their mental health and led them to to their end. And this was, in fact, a finding that was made after their deaths. Their widows filed basically workers compensation claims with the state to get their death benefits. And during that process, they found that these deaths were industrial. These deaths were related to their jobs and their work as correctional officers for the state of California. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Your sources included law enforcement, former law enforcement, incarcerated people, their their family members. Like, what are the particular challenges of reporting in and about a prison? Like how does it require a different approach, especially when you’re dealing with people who likely have dealt with some very traumatic things? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah, there are a lot of different challenges. I think, you know, in terms of bringing correctional officers in in to feeling like they could speak to us and trust us, it was a lot of conversations about confidentiality, how we could keep them protected, and also that we were trying to tell a deep, nuanced story that that wasn’t just a story about how correctional officers always are using excessive force or something like that. It was this story that we had found, which was very complicated, and it was about the the mental impacts of working inside a prison on officers, and that they experienced some of the same difficult things that incarcerated people experience. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And then for the incarcerated people that we spoke to, there was also a lot of different factors to consider. You know, for one thing, a lot of the phone conversations, or all the phone conversations that we had are recorded. So you know that you are being listened in on and that what they say could have impacts for their lives. Some people I talked to have been in prison for years have kind of a vague idea about what a podcast is, but not everybody does, you know? So just kind of walking people through like what- what this means, what their participation means, what going on their record means and stuff like that, so they can be informed and make informed decisions about participating or not. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And then, you know, in terms of people who have been dealing with trauma, you know, we talked to Val Senior, obviously, who was kind of in in the throes of his own grieving process. We talked to the family of Sergeant Kevin Steele as well, his brother, who agreed to go on the record with us. And we talked to Mimy, Valentino Rodriguez’s wife. And I think, you know, just in terms of having a trauma informed approach as much as possible, a lot of it was about giving them the power, not trying to be extractive, or just take their story and see how it fit in with our narrative. But to hold space for them to talk about what they had gone through and also the power to be like, “Okay, if you don’t feel like you said that right, or if you want to rethink that, like this is how you’re going to be portrayed in the story, this is the context in which your story is going to be used. Are you comfortable with that?” And saying “if you’re not, you can take it back any time.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so it was a lot more conversation than I think you would normally have of going back to sources and playing pieces of tape for them and that kind of thing, but it really felt like the responsible thing to do. So there were no surprises when the podcast came out. And so we could also be sure that we were being accurate and that we were accurately representing the experience of our primary sources. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, people will say sunlight is the best disinfectant. Is it making the difference? Is the reporting, the transparency… How is it impacting these, these prisons? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">I think it’s it’s still too soon to say. And it’s also kind of the next step. I feel like this is the first step is saying like, “Look, this is what’s happening.” And then the next step is actually beyond our power as journalists. I feel like it’s in the hands of lawmakers and the oversight bodies over the prisons, here in California or nationally. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One thing that’s interesting to know about the California prison system is that there’s there is an oversight body called the office of the Inspector General of Prisons, and they do get a lot of insight into the prisons, but they have no power. So they regularly issue these reports that say “you’re doing a bad job, you need to do better.” Or like, “this person violated policy. We don’t agree with this.” But until there is a real appetite in internally in the agency to take action or body like that has teeth, this transparency only gets you so far. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think it’s really important again, for the public to know about it, because that is how change happens, is people taking an interest and people, taking a care about this public institution that we own. Like this is our this is our bag. And so I think that’s that’s why I do this work. But then I have to hand it off and see where it goes from there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah. Well thank you so much. I think this reporting is so important. And it’s the- it’s reporting on people who truly don’t have a voice, people who have died, people who are incarcerated. And you give them a voice. So we’re so grateful to to be able to tell this story. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Thank you. And and I also feel honored, you know, that people allowed me to share their stories with so many people. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">That was criminal justice reporter Sukey Lewis, host of On Our Watch from KQED in San Francisco. You can listen to all eight episodes of their latest season at kqed.org/onourwatch, or wherever you get your podcasts. This episode of The Sunday Story was produced by Justine Yan and edited by Liana Simstrom, with additional editing by Jen Chien, the director of podcasts at KQED. Production support from Chris Egusa. Our engineer was Robert Rodriguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Sunday Story team includes Abby Windle and our senior editor, Jenny Schmidt. Liana Simstrom is our supervising producer and Irene Noguchi is our executive producer. If you are experiencing mental health related distress or have a loved one who needs crisis support, please call or text 988. The Suicide and Crisis Lifeline. I’m Ayesha Rascoe. Up First is back tomorrow with all the news you need to start your week. Until then, have a great rest of your weekend. \u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp>Get a behind-the-scenes peek at the reporting for On Our Watch: New Folsom as Ayesha Rascoe, host of NPR’s \u003ca href=\"https://www.npr.org/series/1213771050/the-sunday-story-from-up-first\">The Sunday Story from Up First\u003c/a>, speaks with Sukey about the season and the wider context of this kind of journalism.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6251136710\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Mental health resources\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you are currently in crisis, you can dial 988 [U.S.] to reach the National Suicide and Crisis Lifeline.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.samhsa.gov/find-help/national-helpline\">\u003cspan style=\"font-weight: 400\">SAMHSA National Help Line\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://988lifeline.org/\">\u003cspan style=\"font-weight: 400\">988 Suicide and Crisis Lifeline\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.nami.org/help\">\u003cspan style=\"font-weight: 400\">NAMI (National Alliance on Mental Illness) Helpline\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.hhs.gov/programs/prevention-and-wellness/mental-health-substance-abuse/index.html\">\u003cspan style=\"font-weight: 400\">US Health and Human Services\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://warmline.org/warmdir.html\">\u003cspan style=\"font-weight: 400\">Warmline Directory\u003c/span>\u003c/a>\u003c/p>\n\u003cp>\u003cb>Whistleblower resources\u003c/b>\u003c/p>\n\u003cp>\u003ca href=\"http://www.thelamplighterproject.org\">\u003cspan style=\"font-weight: 400\">The Lamplighter Project\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://thesignalsnetwork.org/\">\u003cspan style=\"font-weight: 400\">The Signals Network\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://empowr.us/\">\u003cspan style=\"font-weight: 400\">EMPOWR\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.whistleblowersofamerica.org/\">\u003cspan style=\"font-weight: 400\">Whistleblowers of America\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://whistleblower.org/\">\u003cspan style=\"font-weight: 400\">Government Accountability Project\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://www.whistleblowers.org/\">\u003cspan style=\"font-weight: 400\">National Whistleblower Center\u003c/span>\u003c/a>\u003cbr>\n\u003ca href=\"https://whistlebloweraid.org/\">\u003cspan style=\"font-weight: 400\">Whistleblower Aid\u003c/span>\u003c/a>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">The \u003c/span>\u003c/i>\u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">\u003ci>\u003cspan style=\"font-weight: 400\">Investigative Reporting Program\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> at UC Berkeley’s Graduate School of Journalism was a key partner in making Season 2 of On Our Watch.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">The records obtained for this project are part of the\u003c/span>\u003c/i>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003ci>\u003cspan style=\"font-weight: 400\"> California Reporting Project\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, a coalition of news organizations in California. If you have tips or feedback about this series please reach out to us at \u003c/span>\u003c/i>\u003ca href=\"mailto:onourwatch@kqed.org\">\u003ci>\u003cspan style=\"font-weight: 400\">onourwatch@kqed.org\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-content post-body\">\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis:\u003c/b>\u003cspan style=\"font-weight: 400\"> Hi, it’s Sukey. This will be our last bonus episode for a while, but we’ll definitely update you if there are any new developments in our reporting. And from time to time, we’ll also share some other podcasts we think you might be interested in checking out. Today I wanted to share a conversation I had on a different show, the Up First podcast from NPR, where you’ll get to hear more of the backstory behind On Our Watch. Here’s that conversation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I’m Ayesha Rascoe, and this is a Sunday story. A warning before we get started, this episode contains mentions of suicide. In recent years, high profile cases of police brutality across the US have brought increased attention and scrutiny to police misconduct and use of force incidents. When something happens, the police often say, “We’re investigating.” But what’s really being done, or not done, to ensure police are held accountable for their actions? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In 2021, a team of reporters from KQED partnered with NPR to take a closer look at the process for how police policed themselves. They made a podcast called On Our Watch, and it was focused on select cases of police misconduct in California. Today, I’m speaking with criminal justice reporter Sukey Lewis, the host of On Our Watch. She and her team have continued to uncover thousands of previously sealed Internal Affairs law enforcement records as part of the multi-newsroom California Reporting Project. Sukey tells me about the reporting behind the new season of her show. In season two, the show digs into recent incidents at one of the most dangerous prisons in California. Our conversation about the story she found within the closed world of correctional facilities, and what it takes to investigate what happens inside of a prison… After the break. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’re back with The Sunday Story. Here with criminal justice reporter Sukey Lewis, host of the KQED podcast On Our Watch. Sukey, welcome to the program. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Thanks so much for having me on. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Before we get into the reporting for the season of On Our Watch, talk to me about the California Reporting Project. You co-founded that in 2018, right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah. So in 2018, the state here in California passed a new law that would open up internal police records, you know, for the first time, basically, we’d get to see inside this black box of police internal affairs. And that law was called the Right to Know Act. And it affected certain categories of internal records, including deadly use of force incidents, serious use of force incidents, which means, you know, when somebody gets really badly injured by police, and dishonesty and sexual assault or sexual misconduct on duty by police officers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">This law gave you access to the paper trail that opened the window to these police departments and how they run, because there’s always a paper trail, right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yes. And for years here in California, it was very secretive. You couldn’t see that paper trail. So some states, like Florida, have had open records laws for a long time. But here in California, because of the power of the police unions, you just could never know. You could never know if somebody was disciplined or fired or like what had happened. And so we teamed up with a group of different news organizations across the state to file blanket public records requests at all 700 law enforcement agencies across the state to start understanding how these systems work. What happens when serious police shooting happens? What happens when you file a complaint against a police officer for excessive force? And they say we’re going to investigate. How does a deadly use of force investigation unfold? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">So. So season one of On Our Watch came directly out of this reporting. You examined select misconduct cases and and kind of the shadowy world of police discipline. So what were some of the big lessons or takeaways from your reporting on season one? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">I think one of our biggest findings was that those promises that we have been made in the public that, “we’re investigating, people will be held accountable,” are really based on this false assumption that its purpose is to provide accountability and that that’s actually not its purpose. It’s a risk management tool. Basically like H.R. Right? If you’re an employee and you make a complaint to H.R., their goal isn’t necessarily to hold the person you made a complaint about to justice. Their goal is to protect the company from liability. That’s what we really found, especially in a secretive system with internal affairs in the world of policing, it was much more about protecting the police department and the city from liability. So sometimes that would mean accountability. Sometimes that would mean an officer gets fired or disciplined because that’s what would protect the city. But that was not actually the goal or the purpose of this institution or the system. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">In this season, you focused on correctional facilities, prisons. How did you decide on that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">We decided to turn to the world of correctional facilities in California, because the California Department of Corrections and Rehabilitation is actually the largest employer of peace officers in the state. And while we had gotten some insight into how police departments were functioning and how these internal affairs systems were working in police departments, the world of corrections is even more of a closed system. I mean, it’s literally behind walls, right? And so getting behind those walls, even if it was just through the paper trail, as you say, seemed like a really important thing to do. And to understand how these prisons, how these small cities work, and how, accountability works in a, in a system where often the people who are making complaints are incarcerated and have even less power than a civilian on the street. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">How did you land on the prison that you focused on? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So we ended up focusing on a prison known as New Folsom or California State Prison Sacramento. And that’s because as we are analyzing data and records from prisons all across the state, there was this pattern that kind of jumped off the page at us. And it for this category of serious use of force incidents — that’s when an officer uses deadly force or seriously injures somebody — there were three times as many of those type of incidents at this one prison than any other prison in the state. And this just kind of raised our alarm bells. We were like, you know, “What is going on at this prison? You know, why is that such an anomaly in the data? Let’s look closer.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We took our findings to some attorneys who work in this space. And these attorneys, they were also surprised. But they said this prison has been, you know, kind of known, known problem. They said, did you know about the whistleblowers that died there? There are these two whistleblowers that died there in the last year. And those two whistleblowers names were correctional officer Valentino Rodriguez and Sergeant Kevin Steele. Officer Valentino Rodriguez. His death was found to be accidental overdose due to fentanyl. And the second officer, Sergeant Kevin Steele, who died about ten months later, died by suicide. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">So within the space of a year, two whistleblowers at this prison had died. I mean, I think that’s going to stop anybody in they tracks. What did you think when you first heard that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, your first thought goes to, is there foul play? Is someone retaliating against these whistleblowers? And so we started doing, you know, what we as investigative journalists do. My colleague Julie Small reached out to the family of Valentino Rodriguez. We both started filing public records requests for the death investigations of each of these men to try and understand what had happened to them, and if there was anything in those death investigations that pointed back to the prison or to to anything else that we needed to uncover. Ultimately, we did not find any evidence of foul play in either case, but we learned a lot more about what they had each been uncovering before they died. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Coming up after the break, Sukey and her team follow the trail of evidence left by correctional officer Valentino Rodriguez and Sergeant Kevin Steele after their deaths. We’re back with a Sunday story. Sukey, once you heard about the two whistleblowers who’d worked at the same prison, New Folsom, you started retracing the events before their deaths. How did you go about that? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So one person who ended up being a really key source for us was the father of correctional officer Valentino Rodriguez, who has the same name. So his name is Valentino Rodriguez, Senior. And he ended up being really central to our story. My colleague Julie reached out to him and at first he was really, you know, cautious. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I just I just want this to work both ways. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Right. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">Right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Okay. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I need to know what you’re doing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Julie Small: \u003c/b>\u003cspan style=\"font-weight: 400\">Okay. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">That’s all I’ve ever asked. I- nobody even knows we’re having these meetings other than my wife. Right? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">When we met him, Val Senior was really clearly, you know, still in the midst of the grieving process. And I think part of that process for him was trying to understand, you know, what led to his son’s passing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">I just can’t I just can’t turn my back on my son, you know what I mean? And, I owe that to him, and I’m going to go as far as I can. And. And then in the end, if nothing, there’s nothing I tried. Right? I’ll find my answers when my time comes. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So he started to share with us the evidence that he had been gathering, including his son’s phone. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">What did you learn about who Valentino Rodriguez was, how he was as a person, and and this journey that he was on? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">It was it was really incredible. We learned a lot about him. He was a really kind of funny, goofy guy. One of the, you know, things that we found on his phone was this video of him in the Investigative Services unit offices inside this prison. It’s one of the most dangerous prisons in the state of California. And he sets up the camera, and then he steps back, and then he starts dancing, and he’s practicing. He’s learning the cumbia because he’s about to get married. And so he’s practicing the cumbia in this, you know, in this office. And, I just loved kind of coming across these little artifacts of who this person was. He also had a dog named Daisy that he loved and would sing to his dog.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Jr.: \u003c/b>\u003cspan style=\"font-weight: 400\">Super Dog. Super Dog. This the song about Daisy, the Super Dog. One day there was a dog named Daisy, and she was super lazy… \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">And he really worked hard at the prison, like he was really wanted to get into this investigative unit. It was a big career opportunity for him. But the unit itself, once he joined, they didn’t really think he had earned the right to be there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Valentino Rodriguez, Sr.: \u003c/b>\u003cspan style=\"font-weight: 400\">So when he had his first day there, he had come over after. And, I asked him, “How’s your how was your first day?” And he goes, “It was a bunch of older guys that have been there.” He called them OGs. I says, “How do you go?” And he goes, “They asked who the f*** are you?” You know, his first day, and I just, “Eh that’s prison talk, I guess.” \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, they they had a nickname for him called “Half Patch” to indicate, like he he wasn’t a full member of the team, and he didn’t quite deserve to be there yet. And you can see in his phone, you know, he is trying really hard to fit in with this group of guys and they kind of needle him and call him names, like, just really kind of harassing behavior, you know, from work colleagues. You can see that it really does begin to take a toll on Valentino, and he starts to struggle with his mental health. So he actually has a breakdown at work one day and shares with the chief deputy warden that he is going through some, some really difficult things. And she tells him, okay, you should go out on stress leave. And so he takes some time off work from the prison. But even once he leaves the prison, he really can’t leave it all the way. Like he’s still mentally there and still kind of struggling with the effects of his time there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">I remember sitting on the couch with him and him saying. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">This is Mimy Rodriguez, Valentino’s wife. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">I remember this very clearly. He said, “This is my identity.” He’s like, “I feel like I’ve given up on everything. I feel like I gave up on my job.” He wasn’t at the prison physically, but mentally he was still there. He was still talking to people from the prison. He was still reaching out to people from the- people from the prison were reaching out to him, telling him what was going on within the prison. He he had not at all let that go. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Reading through his text messages, you can see it’s not like he sets out to become a whistleblower. It’s just eating away at him and he can’t quite let it go. He can’t quite turn away from what he’s seen in the prison. And so six days before his death, he ends up going in to talk to the warden, and he tells them about the harassment that he experienced personally, and also different kinds of misconduct that he witnessed, including allegations that other officers in the unit that he worked in were involved in planting drugs and weapons on incarcerated people. And that’s really important because the unit that he worked in is kind of like the police force for the prison. They have this very special role. And so if they’re dirty, that could taint criminal cases that stem from the investigations they do. And the officers in this unit are supposed to be held to a higher standard because they have this higher level of responsibility in the prison than other officers do. So after he makes this report, the word eventually gets out that he’s talked. And he was really nervous about that happening. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Mimy Rodriguez: \u003c/b>\u003cspan style=\"font-weight: 400\">So he was nervous about anybody coming to the house. At one point he had put things at the door, so if someone opened it, you can hear the door open. He also like he had a gun and he would sleep with it just to make sure. And I’m like, “What? Who’s coming?” And I would ask him like, “Is everything okay?” You know, “Who’s- who are you nervous about coming? What is going on?” It’s hard to. It’s hard to see the person you love turn into something different. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">The night that he died, one of the last text messages you can see he sent to his wife was, “It’s out now that I told on the team.” And then she comes home to find him slumped over in the bathroom and no longer breathing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I mean, it’s I mean, it’s so horrible. Who is the other whistleblower? Tell me about him. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So the other whistleblower, his name is Sergeant Kevin Steele. He had worked for the California Department of Corrections for about 20 years at this point. He is a military veteran. Just this real kind of straight arrow guy had a very kind of rigorous sense of morality, a very rigorous sense of right and wrong. He’s seen a lot and been through a lot, and was beginning to come to this point of disillusionment with these systems that he had been promised were going to affect change and provide accountability. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And it’s in this environment that his friend Valentino Rodriguez passes away. And so I think for Steele at this point, Valentino’s death was kind of like the last straw for him. He felt like all these things he’s seen over the years and tried to report up the chain had not been properly addressed. And then there was this kind of moral failing in response to the death of an officer and how they treated Latino’s family after his death. And so Steele decides to make his last stand, basically. And what he does is he writes up a memo to the warden detailing the list of failings, as he sees it — times where the institution failed to keep its promises to the public, and times where it failed to keep people safe, and times where it failed to protect officers from harassment and things like that. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so he writes up this memo and sends it off to the warden. And after that, he actually leaves California. He moves to Missouri, and it seems like his plan was to drop this bomb and then right off into the sunset. He was planning to retire at the end of the year and just kind of be done with the prison and with this whole institution. But much like we saw with Valentino, even though Sergeant Kevin Steele is out of the prison and, you know, even miles and miles away, he’s still trapped there mentally. And, you know, at one point, about eight months after he’s he’s left the state, things reach a head for him. And one day, Steele goes into the shed on his property in Missouri and he doesn’t come out again. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">I mean these are, you know, two extremely tragic losses. But both of these whistleblowers, they left behind evidence for you to understand New Folsom, right? The the failures that happened there, like for Valentino, you had his phone and and Steele wrote a memo that talked about his concerns about use of force incidents going back years. What did you find out when you started looking into those? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So one of the things that was really incredible about this story is the evidence that was left behind. Steele’s memo kind of gave us this key to understanding what he saw was wrong with these incidents, which was that the injuries that people were showing up in the hospital with — incarcerated people — were not matching the reports. So we started kind of looking at our incident reports, kind of through this lens that he had left for us. And seeing how repeatedly, these incident reports had this kind of pattern to them, almost. And a lot of these incidents, that appeared very troubling, you know, occurred in areas where there was no camera coverage. And the use of force described often did not, you know, at all make sense on how they got injured. So it would be something like I think one of them was like, “We guided the man to the floor and they ended up, you know, with internal bleeding and, and broken ribs.” And you’re like, okay, like how how does that even make- make that makes sense, right? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And what we saw over and over again in these cases is that they didn’t result in discipline for officers. Well, you know, one theme that we just kind of ran into over and over again is the code of silence. And it’s basically an agreement, you know, unspoken agreement to never tell on each other. And it’s this is something that we’ve seen in policing as well with the Thin Blue line. But I would say it’s even stronger in a prison context. And because there isn’t that thing of a bystander who can kind of intercede or be an outside witness to events, that code of silence is just a really, really thick wall to break. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so many people that we talked to, we talked to correctional officers for this story, many of whom did not want to go on the record because they fear retaliation. Even retired officers who still feel like potentially the agency could come after them for their pensions if they talk. There is no real incentive to do so. Like even institutionally, you will be reassigned. You will not be rewarded basically for for reporting things like that. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">You’re confirming this culture of silence that both Steele and Val experienced and and tried to disrupt. What did you ultimately end up finding out about their deaths? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">So again, we did not find there was any evidence of foul play. But I feel like our reporting really does clearly show that they were victims. They were victims of this system, and they were victims of this code of silence and that fear and the kind of psychosocial trauma that they experienced by having to go against this, this machine, in order to try and do what they felt was the right thing, really contributed to their deaths, and contributed to the decline of their mental health and led them to to their end. And this was, in fact, a finding that was made after their deaths. Their widows filed basically workers compensation claims with the state to get their death benefits. And during that process, they found that these deaths were industrial. These deaths were related to their jobs and their work as correctional officers for the state of California. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Your sources included law enforcement, former law enforcement, incarcerated people, their their family members. Like, what are the particular challenges of reporting in and about a prison? Like how does it require a different approach, especially when you’re dealing with people who likely have dealt with some very traumatic things? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah, there are a lot of different challenges. I think, you know, in terms of bringing correctional officers in in to feeling like they could speak to us and trust us, it was a lot of conversations about confidentiality, how we could keep them protected, and also that we were trying to tell a deep, nuanced story that that wasn’t just a story about how correctional officers always are using excessive force or something like that. It was this story that we had found, which was very complicated, and it was about the the mental impacts of working inside a prison on officers, and that they experienced some of the same difficult things that incarcerated people experience. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And then for the incarcerated people that we spoke to, there was also a lot of different factors to consider. You know, for one thing, a lot of the phone conversations, or all the phone conversations that we had are recorded. So you know that you are being listened in on and that what they say could have impacts for their lives. Some people I talked to have been in prison for years have kind of a vague idea about what a podcast is, but not everybody does, you know? So just kind of walking people through like what- what this means, what their participation means, what going on their record means and stuff like that, so they can be informed and make informed decisions about participating or not. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And then, you know, in terms of people who have been dealing with trauma, you know, we talked to Val Senior, obviously, who was kind of in in the throes of his own grieving process. We talked to the family of Sergeant Kevin Steele as well, his brother, who agreed to go on the record with us. And we talked to Mimy, Valentino Rodriguez’s wife. And I think, you know, just in terms of having a trauma informed approach as much as possible, a lot of it was about giving them the power, not trying to be extractive, or just take their story and see how it fit in with our narrative. But to hold space for them to talk about what they had gone through and also the power to be like, “Okay, if you don’t feel like you said that right, or if you want to rethink that, like this is how you’re going to be portrayed in the story, this is the context in which your story is going to be used. Are you comfortable with that?” And saying “if you’re not, you can take it back any time.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And so it was a lot more conversation than I think you would normally have of going back to sources and playing pieces of tape for them and that kind of thing, but it really felt like the responsible thing to do. So there were no surprises when the podcast came out. And so we could also be sure that we were being accurate and that we were accurately representing the experience of our primary sources. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">You know, people will say sunlight is the best disinfectant. Is it making the difference? Is the reporting, the transparency… How is it impacting these, these prisons? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">I think it’s it’s still too soon to say. And it’s also kind of the next step. I feel like this is the first step is saying like, “Look, this is what’s happening.” And then the next step is actually beyond our power as journalists. I feel like it’s in the hands of lawmakers and the oversight bodies over the prisons, here in California or nationally. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One thing that’s interesting to know about the California prison system is that there’s there is an oversight body called the office of the Inspector General of Prisons, and they do get a lot of insight into the prisons, but they have no power. So they regularly issue these reports that say “you’re doing a bad job, you need to do better.” Or like, “this person violated policy. We don’t agree with this.” But until there is a real appetite in internally in the agency to take action or body like that has teeth, this transparency only gets you so far. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think it’s really important again, for the public to know about it, because that is how change happens, is people taking an interest and people, taking a care about this public institution that we own. Like this is our this is our bag. And so I think that’s that’s why I do this work. But then I have to hand it off and see where it goes from there. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">Yeah. Well thank you so much. I think this reporting is so important. And it’s the- it’s reporting on people who truly don’t have a voice, people who have died, people who are incarcerated. And you give them a voice. So we’re so grateful to to be able to tell this story. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Sukey Lewis: \u003c/b>\u003cspan style=\"font-weight: 400\">Thank you. And and I also feel honored, you know, that people allowed me to share their stories with so many people. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ayesha Rascoe: \u003c/b>\u003cspan style=\"font-weight: 400\">That was criminal justice reporter Sukey Lewis, host of On Our Watch from KQED in San Francisco. You can listen to all eight episodes of their latest season at kqed.org/onourwatch, or wherever you get your podcasts. This episode of The Sunday Story was produced by Justine Yan and edited by Liana Simstrom, with additional editing by Jen Chien, the director of podcasts at KQED. Production support from Chris Egusa. Our engineer was Robert Rodriguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Sunday Story team includes Abby Windle and our senior editor, Jenny Schmidt. Liana Simstrom is our supervising producer and Irene Noguchi is our executive producer. If you are experiencing mental health related distress or have a loved one who needs crisis support, please call or text 988. The Suicide and Crisis Lifeline. I’m Ayesha Rascoe. Up First is back tomorrow with all the news you need to start your week. Until then, have a great rest of your weekend. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>"
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"slug": "california-father-who-lost-2-sons-in-a-boeing-crash-waits-to-hear-if-us-will-prosecute-the-company",
"title": "California Father Who Lost 2 Sons in a Boeing Crash Waits to Hear if US Will Prosecute the Company",
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"headTitle": "California Father Who Lost 2 Sons in a Boeing Crash Waits to Hear if US Will Prosecute the Company | KQED",
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"content": "\u003cp>As they travel around Alaska on a long-planned vacation, Ike and Susan Riffel stop now and then to put up stickers directing people to “Live Riffully.”\u003c/p>\n\u003cp>It’s a way for the California couple to honor the memories of their sons, Melvin and Bennett, who died in 2019 when a Boeing 737 Max jetliner \u003ca href=\"https://apnews.com/article/1108708781ba46808a16843bda8cc079\">crashed in Ethiopia\u003c/a>.\u003c/p>\n\u003cp>The Riffels and \u003ca href=\"https://apnews.com/article/boeing-max-crash-victims-families-d4d944ba4f9669004f32908ffea98e32\">families of other passengers\u003c/a> who died in the crash and a similar one in Indonesia a little more than four months earlier are waiting to learn any day now whether the U.S. Justice Department, all these years later, \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-justice-department-737-max-82145b25ed988cd8cae0bce3de79ce9d\" data-gtm-enhancement-style=\"LinkEnhancementA\">will prosecute Boeing\u003c/a>\u003c/span> in connection with \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/africa-canada-business-ethiopia-d8759281778e21537ae302633c9531a4\" data-gtm-enhancement-style=\"LinkEnhancementA\">the two disasters\u003c/a>\u003c/span>, which killed 346 people.\u003c/p>\n\u003cp>Ike Riffel fears that instead of putting Boeing on trial, the government will offer the company another shot at corporate probation through a legal document called a \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/politics-us-department-of-justice-texas-business-fraud-57db69f33fda9f62785e1fe5d3b2f538\" data-gtm-enhancement-style=\"LinkEnhancementA\">deferred prosecution agreement\u003c/a>\u003c/span>, or DPA. Or that prosecutors will let Boeing plead guilty and avoid a trial.\u003c/p>\n\u003cp>“A DPA hides the truth. A plea agreement would hide the truth,” Riffel says. “It would leave the families with absolutely no idea” of what happened inside Boeing as \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-max-jet-incident-crashes-f73fb7b9eaff7f6549c88e958f7b8b38\" data-gtm-enhancement-style=\"LinkEnhancementA\">the Max\u003c/a>\u003c/span> was being designed and tested, and after the first crash in 2018 pointed to problems with new flight-control software.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The families want to know the truth. Who was responsible? Who did what?” the father says. “Why did they have to die?”\u003c/p>\n\u003cp>Ike is a retired forestry consultant, and Susan a retired religious educator. They live in Redding, California, where they raised their sons.\u003c/p>\n\u003cp>Mel was 29 and preparing to become a father himself when Ethiopian Airlines Flight 302 \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/7a1b300ff96f435bbb029da62079b2f4\" data-gtm-enhancement-style=\"LinkEnhancementA\">went down\u003c/a>\u003c/span> six minutes after takeoff. He played sports in school and worked as a technician for the California Department of Transportation in Redding. Bennett, 26, loved performing arts while growing up. He worked in IT support in Chico, California, and clients still send cards to his parents.\u003c/p>\n\u003cp>“They were our only two sons. They were very adventurous, very independent, loved to travel,” Riffel says.\u003c/p>\n\u003cp>In early 2019, Mel and his wife, Brittney, took a “babymoon” to Australia. Brittney flew home while Mel met his brother in Taiwan to start what they called their world tour. He and Bennett were headed toward their last stop, South Africa, where Mel planned to do some surfing, when they boarded the Ethiopian Airlines flight in Addis Ababa.\u003c/p>\n\u003cp>Back in California, Susan Riffel answered the phone when it rang on that Sunday morning. On the other end, someone from the airline told them their sons had been on a plane that had crashed. [aside postID=news_11973969 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/gettyimages-1948397327-7d48b5a4f4fb502524725b8fb8b887c5a611adfa-s1600-c85-copy-1020x765.jpg']“When you first hear it, you don’t believe it,” Ike Riffel says. “You still don’t believe after you see that there was a crash. ‘Oh, maybe they didn’t get on.’ You think of all these scenarios.”\u003c/p>\n\u003cp>The next shock came in January 2021: \u003ca href=\"https://apnews.com/article/boeing-violated-settlement-max-crashes-25cde72e154f60adae54177ce35c9176\">The Justice Department\u003c/a> charged Boeing with fraud for misleading regulators who approved the Max, but at the same time, prosecutors approved \u003ca href=\"https://apnews.com/article/business-indonesia-61b2ccb06d4eebb2d4091c6d90147f72\">an agreement\u003c/a> that meant the single felony charge could be dropped in three years.\u003c/p>\n\u003cp>“I heard it on the news. It just kind of blew me away. I thought, what the hell?” Riffel says. “I felt pretty powerless. I didn’t know what a deferred prosecution agreement was.”\u003c/p>\n\u003cp>He and his wife believe they were deceived by the Justice Department, which until then had denied there was a criminal investigation going on. Boeing has never contacted the family, according to Riffel. He assumes that’s based on advice from the company’s lawyers.\u003c/p>\n\u003cp>“I have no trust in (Boeing) to do the right thing, and I really lost my confidence in the Department of Justice,” he says. “Their motto is to protect the American people, not to protect Boeing, and it seems to me they have spent the whole time defending Boeing.”\u003c/p>\n\u003cp>The Justice Department reopened the possibility of prosecuting Boeing last month, when it said the company had breached the 2021 agreement. The DOJ did not publicly specify the alleged violations.\u003c/p>\n\u003cp>Boeing has said it lived up to the terms of the deal, which required it to pay $2.5 billion, most of it to the company’s airline customers, and to maintain a program to detect and prevent violations of U.S. anti-fraud laws, among other conditions.\u003c/p>\n\u003cp>The pending decision in Washington matters to family members around the world.\u003c/p>\n\u003cp>The 157 passengers and crew members who died in the Ethiopian crash came from \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/general-news-d3dc3b7722bf4b72a97849c0375d3777\" data-gtm-enhancement-style=\"LinkEnhancementA\">35 countries\u003c/a>\u003c/span>, with the largest numbers from Kenya and Canada. Nearly two dozen passengers were flying to attend a United Nations environmental conference in Nairobi.[aside postID=forum_2010101870169 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240517-TKBilingualLearners-27-BL_qut-1020x680.jpg']The March 10, 2019, crash came just months after another Boeing 737 Max 8, operated by \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/43/2019/03/boeing-under-increase-scrutiny-airplane-cropped-1020x574.jpg\">Indonesia’s Lion Air\u003c/a>, crashed into \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/1e2ee9dec58149e789c700a6b37d6aa2\" data-gtm-enhancement-style=\"LinkEnhancementA\">the Java Sea\u003c/a>\u003c/span>, killing all 189 people on board. The vast majority of passengers on the Oct. 29, 2018, flight were Indonesians.\u003c/p>\n\u003cp>In both crashes, software known by the acronym MCAS \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/virus-outbreak-ethiopia-business-africa-software-ed2d68b7f5fcfecb7b25e35d707d0614\" data-gtm-enhancement-style=\"LinkEnhancementA\">pitched the nose\u003c/a>\u003c/span> of the plane down repeatedly based on faulty readings from a single sensor.\u003c/p>\n\u003cp>Relatives of people on both flights \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-max-crash-passengers-fear-pain-trial-fe75ff7e155f1e6ff4881c830aa7337a\" data-gtm-enhancement-style=\"LinkEnhancementA\">sued Boeing\u003c/a>\u003c/span> in U.S. federal court in Chicago. Boeing has settled the vast majority of those cases after requiring the families not to disclose how much they were paid.\u003c/p>\n\u003cp>The Riffels have found strength and purpose in meeting with families of some of the other passengers from Flight 302. Together, they have pressed the Justice Department, the \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/hub/federal-aviation-administration\" data-gtm-enhancement-style=\"LinkEnhancementA\">Federal Aviation Administration\u003c/a>\u003c/span> and Congress to make sure that aircraft are as safe as possible.\u003c/p>\n\u003cp>Many of them want the government to prosecute high-ranking Boeing officials, including \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/a1bca4555d49900036dc94c6bd46722d\" data-gtm-enhancement-style=\"LinkEnhancementA\">former CEO\u003c/a>\u003c/span> Dennis Muilenburg and current chief executive \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-ceo-calhoun-safety-senate-investigations-de6a273e5ad69764f4e666cc4afda2c1\" data-gtm-enhancement-style=\"LinkEnhancementA\">David Calhoun\u003c/a>\u003c/span>, who was on the company’s board when the crashes occurred. They have asked the Justice Department to fine Boeing more than $24 billion for what one of their lawyers, Paul Cassell, called “the deadliest corporate crime in U.S. history.”\u003c/p>\n\u003cp>The group of relatives includes Javier de Luis, \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-whistleblowers-safety-senate-hearings-f8354ddddc6372e3337cd74b9ea264e3\" data-gtm-enhancement-style=\"LinkEnhancementA\">an aerospace engineer\u003c/a>\u003c/span> whose sister, Graziella, was on the Ethiopian flight. And Michael Stumo and Nadia Milleron, who lost their daughter, Samya. Canadians \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/travel-general-news-a34bf4b82f364c749eb7ade9a5114424\" data-gtm-enhancement-style=\"LinkEnhancementA\">Paul Njoroge\u003c/a>\u003c/span> and Chris and Clariss Moore have made several trips to Washington to implore government officials to move against Boeing and demand safer planes. Njoroge’s \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/transportation-b5ea783d264186697388c599176cb9bd\" data-gtm-enhancement-style=\"LinkEnhancementA\">wife, three children and mother-in-law\u003c/a>\u003c/span> were all on the plane, as was the Moores’ daughter, Danielle.\u003c/p>\n\u003cp>At first, the disparate group of family members connected by emails just to check in on each other. Before long, and especially after meeting face to face, they grew more determined to do more than grieve together; they wanted to make a difference.\u003c/p>\n\u003cp>“We want to find some meaning in what happened to our loved ones,” Ike Riffel says. “If we can make aviation safer so this doesn’t happen again, then we have had some victories out of this.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"excerpt": "Families of the passengers who died in the Boeing 737 Max crash in Ethiopia fear that instead of putting Boeing on trial, the government will offer the company another shot at corporate probation through a legal document called a deferred prosecution agreement, or DPA. Or that prosecutors will let Boeing plead guilty and avoid a trial.\r\n\r\n",
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"title": "California Father Who Lost 2 Sons in a Boeing Crash Waits to Hear if US Will Prosecute the Company | KQED",
"description": "Families of the passengers who died in the Boeing 737 Max crash in Ethiopia fear that instead of putting Boeing on trial, the government will offer the company another shot at corporate probation through a legal document called a deferred prosecution agreement, or DPA. Or that prosecutors will let Boeing plead guilty and avoid a trial.\r\n\r\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As they travel around Alaska on a long-planned vacation, Ike and Susan Riffel stop now and then to put up stickers directing people to “Live Riffully.”\u003c/p>\n\u003cp>It’s a way for the California couple to honor the memories of their sons, Melvin and Bennett, who died in 2019 when a Boeing 737 Max jetliner \u003ca href=\"https://apnews.com/article/1108708781ba46808a16843bda8cc079\">crashed in Ethiopia\u003c/a>.\u003c/p>\n\u003cp>The Riffels and \u003ca href=\"https://apnews.com/article/boeing-max-crash-victims-families-d4d944ba4f9669004f32908ffea98e32\">families of other passengers\u003c/a> who died in the crash and a similar one in Indonesia a little more than four months earlier are waiting to learn any day now whether the U.S. Justice Department, all these years later, \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-justice-department-737-max-82145b25ed988cd8cae0bce3de79ce9d\" data-gtm-enhancement-style=\"LinkEnhancementA\">will prosecute Boeing\u003c/a>\u003c/span> in connection with \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/africa-canada-business-ethiopia-d8759281778e21537ae302633c9531a4\" data-gtm-enhancement-style=\"LinkEnhancementA\">the two disasters\u003c/a>\u003c/span>, which killed 346 people.\u003c/p>\n\u003cp>Ike Riffel fears that instead of putting Boeing on trial, the government will offer the company another shot at corporate probation through a legal document called a \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/politics-us-department-of-justice-texas-business-fraud-57db69f33fda9f62785e1fe5d3b2f538\" data-gtm-enhancement-style=\"LinkEnhancementA\">deferred prosecution agreement\u003c/a>\u003c/span>, or DPA. Or that prosecutors will let Boeing plead guilty and avoid a trial.\u003c/p>\n\u003cp>“A DPA hides the truth. A plea agreement would hide the truth,” Riffel says. “It would leave the families with absolutely no idea” of what happened inside Boeing as \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-max-jet-incident-crashes-f73fb7b9eaff7f6549c88e958f7b8b38\" data-gtm-enhancement-style=\"LinkEnhancementA\">the Max\u003c/a>\u003c/span> was being designed and tested, and after the first crash in 2018 pointed to problems with new flight-control software.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The families want to know the truth. Who was responsible? Who did what?” the father says. “Why did they have to die?”\u003c/p>\n\u003cp>Ike is a retired forestry consultant, and Susan a retired religious educator. They live in Redding, California, where they raised their sons.\u003c/p>\n\u003cp>Mel was 29 and preparing to become a father himself when Ethiopian Airlines Flight 302 \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/7a1b300ff96f435bbb029da62079b2f4\" data-gtm-enhancement-style=\"LinkEnhancementA\">went down\u003c/a>\u003c/span> six minutes after takeoff. He played sports in school and worked as a technician for the California Department of Transportation in Redding. Bennett, 26, loved performing arts while growing up. He worked in IT support in Chico, California, and clients still send cards to his parents.\u003c/p>\n\u003cp>“They were our only two sons. They were very adventurous, very independent, loved to travel,” Riffel says.\u003c/p>\n\u003cp>In early 2019, Mel and his wife, Brittney, took a “babymoon” to Australia. Brittney flew home while Mel met his brother in Taiwan to start what they called their world tour. He and Bennett were headed toward their last stop, South Africa, where Mel planned to do some surfing, when they boarded the Ethiopian Airlines flight in Addis Ababa.\u003c/p>\n\u003cp>Back in California, Susan Riffel answered the phone when it rang on that Sunday morning. On the other end, someone from the airline told them their sons had been on a plane that had crashed. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“When you first hear it, you don’t believe it,” Ike Riffel says. “You still don’t believe after you see that there was a crash. ‘Oh, maybe they didn’t get on.’ You think of all these scenarios.”\u003c/p>\n\u003cp>The next shock came in January 2021: \u003ca href=\"https://apnews.com/article/boeing-violated-settlement-max-crashes-25cde72e154f60adae54177ce35c9176\">The Justice Department\u003c/a> charged Boeing with fraud for misleading regulators who approved the Max, but at the same time, prosecutors approved \u003ca href=\"https://apnews.com/article/business-indonesia-61b2ccb06d4eebb2d4091c6d90147f72\">an agreement\u003c/a> that meant the single felony charge could be dropped in three years.\u003c/p>\n\u003cp>“I heard it on the news. It just kind of blew me away. I thought, what the hell?” Riffel says. “I felt pretty powerless. I didn’t know what a deferred prosecution agreement was.”\u003c/p>\n\u003cp>He and his wife believe they were deceived by the Justice Department, which until then had denied there was a criminal investigation going on. Boeing has never contacted the family, according to Riffel. He assumes that’s based on advice from the company’s lawyers.\u003c/p>\n\u003cp>“I have no trust in (Boeing) to do the right thing, and I really lost my confidence in the Department of Justice,” he says. “Their motto is to protect the American people, not to protect Boeing, and it seems to me they have spent the whole time defending Boeing.”\u003c/p>\n\u003cp>The Justice Department reopened the possibility of prosecuting Boeing last month, when it said the company had breached the 2021 agreement. The DOJ did not publicly specify the alleged violations.\u003c/p>\n\u003cp>Boeing has said it lived up to the terms of the deal, which required it to pay $2.5 billion, most of it to the company’s airline customers, and to maintain a program to detect and prevent violations of U.S. anti-fraud laws, among other conditions.\u003c/p>\n\u003cp>The pending decision in Washington matters to family members around the world.\u003c/p>\n\u003cp>The 157 passengers and crew members who died in the Ethiopian crash came from \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/general-news-d3dc3b7722bf4b72a97849c0375d3777\" data-gtm-enhancement-style=\"LinkEnhancementA\">35 countries\u003c/a>\u003c/span>, with the largest numbers from Kenya and Canada. Nearly two dozen passengers were flying to attend a United Nations environmental conference in Nairobi.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The March 10, 2019, crash came just months after another Boeing 737 Max 8, operated by \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/43/2019/03/boeing-under-increase-scrutiny-airplane-cropped-1020x574.jpg\">Indonesia’s Lion Air\u003c/a>, crashed into \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/1e2ee9dec58149e789c700a6b37d6aa2\" data-gtm-enhancement-style=\"LinkEnhancementA\">the Java Sea\u003c/a>\u003c/span>, killing all 189 people on board. The vast majority of passengers on the Oct. 29, 2018, flight were Indonesians.\u003c/p>\n\u003cp>In both crashes, software known by the acronym MCAS \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/virus-outbreak-ethiopia-business-africa-software-ed2d68b7f5fcfecb7b25e35d707d0614\" data-gtm-enhancement-style=\"LinkEnhancementA\">pitched the nose\u003c/a>\u003c/span> of the plane down repeatedly based on faulty readings from a single sensor.\u003c/p>\n\u003cp>Relatives of people on both flights \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-max-crash-passengers-fear-pain-trial-fe75ff7e155f1e6ff4881c830aa7337a\" data-gtm-enhancement-style=\"LinkEnhancementA\">sued Boeing\u003c/a>\u003c/span> in U.S. federal court in Chicago. Boeing has settled the vast majority of those cases after requiring the families not to disclose how much they were paid.\u003c/p>\n\u003cp>The Riffels have found strength and purpose in meeting with families of some of the other passengers from Flight 302. Together, they have pressed the Justice Department, the \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/hub/federal-aviation-administration\" data-gtm-enhancement-style=\"LinkEnhancementA\">Federal Aviation Administration\u003c/a>\u003c/span> and Congress to make sure that aircraft are as safe as possible.\u003c/p>\n\u003cp>Many of them want the government to prosecute high-ranking Boeing officials, including \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/a1bca4555d49900036dc94c6bd46722d\" data-gtm-enhancement-style=\"LinkEnhancementA\">former CEO\u003c/a>\u003c/span> Dennis Muilenburg and current chief executive \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-ceo-calhoun-safety-senate-investigations-de6a273e5ad69764f4e666cc4afda2c1\" data-gtm-enhancement-style=\"LinkEnhancementA\">David Calhoun\u003c/a>\u003c/span>, who was on the company’s board when the crashes occurred. They have asked the Justice Department to fine Boeing more than $24 billion for what one of their lawyers, Paul Cassell, called “the deadliest corporate crime in U.S. history.”\u003c/p>\n\u003cp>The group of relatives includes Javier de Luis, \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/boeing-whistleblowers-safety-senate-hearings-f8354ddddc6372e3337cd74b9ea264e3\" data-gtm-enhancement-style=\"LinkEnhancementA\">an aerospace engineer\u003c/a>\u003c/span> whose sister, Graziella, was on the Ethiopian flight. And Michael Stumo and Nadia Milleron, who lost their daughter, Samya. Canadians \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/travel-general-news-a34bf4b82f364c749eb7ade9a5114424\" data-gtm-enhancement-style=\"LinkEnhancementA\">Paul Njoroge\u003c/a>\u003c/span> and Chris and Clariss Moore have made several trips to Washington to implore government officials to move against Boeing and demand safer planes. Njoroge’s \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/transportation-b5ea783d264186697388c599176cb9bd\" data-gtm-enhancement-style=\"LinkEnhancementA\">wife, three children and mother-in-law\u003c/a>\u003c/span> were all on the plane, as was the Moores’ daughter, Danielle.\u003c/p>\n\u003cp>At first, the disparate group of family members connected by emails just to check in on each other. Before long, and especially after meeting face to face, they grew more determined to do more than grieve together; they wanted to make a difference.\u003c/p>\n\u003cp>“We want to find some meaning in what happened to our loved ones,” Ike Riffel says. “If we can make aviation safer so this doesn’t happen again, then we have had some victories out of this.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Californians Will Vote on Whether to End Forced Prison Labor This November",
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"content": "\u003cp>California’s Senate voted Thursday to end forced labor in the state’s prisons and jails. The state constitutional amendment will go to voters for final approval in November. If passed, the change would mark \u003ca href=\"https://www.kqed.org/news/11986615/state-assembly-passes-bill-apologizing-for-californias-role-in-supporting-slavery\">another win\u003c/a> for the state’s first-in-the-nation effort to \u003ca href=\"https://www.kqed.org/reparations\">provide state-level reparations to Black residents\u003c/a>.\u003c/p>\n\u003cp>Assembly Constitutional Amendment 8 is one of the \u003ca href=\"https://www.kqed.org/news/11981271/track-the-success-of-californias-14-reparations-bills-for-black-residents\">California Legislative Black Caucus’ 14 reparations bills\u003c/a> moving through the Legislature this year. The bills draw on recommendations made by the \u003ca href=\"https://oag.ca.gov/ab3121/report\">state’s reparations task force last June\u003c/a>.\u003c/p>\n\u003cp>“Slavery takes a modern form in involuntary servitude, including forced labor in prisons,” former task force member Sen. Steven Bradford (D-Gardena) said on the Senate floor. “Slavery is wrong in all forms, and California should be clear in denouncing that in our Constitution.”\u003c/p>\n\u003cp>The task force defined reparations not only as compensation for past discriminatory policies but also as efforts to end ongoing practices that disproportionately harm Black residents.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The amendment would close a loophole in the state constitution that bans involuntary servitude, except as punishment for a crime. Though only 5% of the state population, Black Californians make up 28% of the prison population, which means the state’s involuntary servitude exception disproportionately impacts Black Californians.\u003c/p>\n\u003cp>If approved, the amendment would prevent the Department of Corrections and Rehabilitation from disciplining an incarcerated person who refuses a work assignment.\u003c/p>\n\u003cp>“As we do the work of reparations, we refer to slavery as a relic of the past. But as I stand here today, we have thousands of indentured servants in our penal system,” caucus member Sen. Lola Smallwood-Cuevas (D-Los Angeles) said, speaking in support of the amendment before the vote on the Senate floor. “When you have folks in a prison who are making 2 and 5 and 8 cents an hour, it undermines everyone’s ability to earn a living wage in California.”\u003c/p>\n\u003cp>After the bill’s passage in the Senate on Thursday, applause and cheering broke out in the gallery, and Smallwood-Cuevas raised a fist in celebration. The amendment, endorsed by the California Democratic Party, received some bipartisan support in both houses. Republicans cast all votes against the bill.\u003c/p>\n\u003cp>In 2022, a similar proposal was voted down, in part, over concerns that the \u003ca href=\"https://apnews.com/article/prisons-california-gavin-newsom-minimum-wage-slavery-a0aed840fc6dc54c7eb0da98d0f6bb05\">end of involuntary servitude would require wage increases\u003c/a> for prison labor, adding significant costs to the state prison system, according to analysts with the state Department of Finance. This year, the bill was amended to allow CDCR to provide credits instead of pay for voluntary work in state prisons.\u003c/p>\n\u003cp>Last week, the state set aside \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article289463820.html\">$12 million in its budget\u003c/a> to support reparations programs passed by the Legislature this year.\u003c/p>\n\u003cp>California is one of only 16 states with an exception clause for involuntary servitude in its constitution. Most recently, voters in Alabama, Oregon, Tennessee and Vermont removed involuntary servitude language from their state’s constitution.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California’s Senate voted Thursday to end forced labor in the state’s prisons and jails. The state constitutional amendment will go to voters for final approval in November. If passed, the change would mark \u003ca href=\"https://www.kqed.org/news/11986615/state-assembly-passes-bill-apologizing-for-californias-role-in-supporting-slavery\">another win\u003c/a> for the state’s first-in-the-nation effort to \u003ca href=\"https://www.kqed.org/reparations\">provide state-level reparations to Black residents\u003c/a>.\u003c/p>\n\u003cp>Assembly Constitutional Amendment 8 is one of the \u003ca href=\"https://www.kqed.org/news/11981271/track-the-success-of-californias-14-reparations-bills-for-black-residents\">California Legislative Black Caucus’ 14 reparations bills\u003c/a> moving through the Legislature this year. The bills draw on recommendations made by the \u003ca href=\"https://oag.ca.gov/ab3121/report\">state’s reparations task force last June\u003c/a>.\u003c/p>\n\u003cp>“Slavery takes a modern form in involuntary servitude, including forced labor in prisons,” former task force member Sen. Steven Bradford (D-Gardena) said on the Senate floor. “Slavery is wrong in all forms, and California should be clear in denouncing that in our Constitution.”\u003c/p>\n\u003cp>The task force defined reparations not only as compensation for past discriminatory policies but also as efforts to end ongoing practices that disproportionately harm Black residents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The amendment would close a loophole in the state constitution that bans involuntary servitude, except as punishment for a crime. Though only 5% of the state population, Black Californians make up 28% of the prison population, which means the state’s involuntary servitude exception disproportionately impacts Black Californians.\u003c/p>\n\u003cp>If approved, the amendment would prevent the Department of Corrections and Rehabilitation from disciplining an incarcerated person who refuses a work assignment.\u003c/p>\n\u003cp>“As we do the work of reparations, we refer to slavery as a relic of the past. But as I stand here today, we have thousands of indentured servants in our penal system,” caucus member Sen. Lola Smallwood-Cuevas (D-Los Angeles) said, speaking in support of the amendment before the vote on the Senate floor. “When you have folks in a prison who are making 2 and 5 and 8 cents an hour, it undermines everyone’s ability to earn a living wage in California.”\u003c/p>\n\u003cp>After the bill’s passage in the Senate on Thursday, applause and cheering broke out in the gallery, and Smallwood-Cuevas raised a fist in celebration. The amendment, endorsed by the California Democratic Party, received some bipartisan support in both houses. Republicans cast all votes against the bill.\u003c/p>\n\u003cp>In 2022, a similar proposal was voted down, in part, over concerns that the \u003ca href=\"https://apnews.com/article/prisons-california-gavin-newsom-minimum-wage-slavery-a0aed840fc6dc54c7eb0da98d0f6bb05\">end of involuntary servitude would require wage increases\u003c/a> for prison labor, adding significant costs to the state prison system, according to analysts with the state Department of Finance. This year, the bill was amended to allow CDCR to provide credits instead of pay for voluntary work in state prisons.\u003c/p>\n\u003cp>Last week, the state set aside \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article289463820.html\">$12 million in its budget\u003c/a> to support reparations programs passed by the Legislature this year.\u003c/p>\n\u003cp>California is one of only 16 states with an exception clause for involuntary servitude in its constitution. Most recently, voters in Alabama, Oregon, Tennessee and Vermont removed involuntary servitude language from their state’s constitution.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "california-considers-bill-to-make-doxxing-a-costly-mistake-for-online-offenders",
"title": "California Considers Bill to Make Doxxing a Costly Mistake for Online Offenders",
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"headTitle": "California Considers Bill to Make Doxxing a Costly Mistake for Online Offenders | KQED",
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"content": "\u003cp>When Kathie Moehlig’s personal information was leaked online five years ago, she didn’t believe she had enough options to fight back.\u003c/p>\n\u003cp>“There was no recourse that I had to be able to go and have this individual held accountable for the risk at which they put myself and my family,” the founder of TransFamily Support Services said.\u003c/p>\n\u003cp>A bill now before the California Legislature aims to change that.\u003c/p>\n\u003cp>Doxxing — when someone shares another’s personal information online with the intent to harm — is a crime. It isn’t often prosecuted, however, because of the high threshold for evidence, such as proving who first posted the information and why. In the last five years, for instance, prosecutors filed 30 cases of doxxing in Orange County — and just one in Sacramento County.\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1979\">Assembly Bill 1979\u003c/a> would allow victims to sue those responsible for doxxing in civil court for as much as $30,000, plus attorneys’ fees and court costs.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We see doxxing as a very extreme form of privacy invasion with a lot of distress and anxiety,” said \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/christopher-ward-35497\">Assemblymember Chris Ward\u003c/a>, a San Diego Democrat and \u003ca href=\"https://a78.asmdc.org/press-releases/20240402-assemblymember-ward-introduces-bill-provide-recourse-doxing-victims\">co-author of the bill\u003c/a>. “Victims are often left to work through a lot of emotional, physical, financial or other damages on their own, and they’re not made whole because there’s no ability to recapture any civil penalty to be able to support them on their journey to recovery.”\u003c/p>\n\u003cp>The Assembly passed the bill last month, as did the Senate judiciary committee earlier this month. It’s set to go before the appropriations committee on Monday.\u003c/p>\n\u003cp>In addition to TransFamily Support Services, the bill has support from several other LGBTQ+ organizations — including the California Legislative LGBTQ Caucus and Equality California — as well as the Anti-Defamation League and the cities of Sacramento and San Diego. No organizations have said they oppose it.\u003c/p>\n\u003cp>Six states have similar anti-doxxing laws that provide civil protections, and a few others failed to pass laws this year.\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/cecilia-aguiar-curry-101332\">Assemblymember Cecilia Aguiar-Curry\u003c/a>, a Democrat from Davis and the bill’s other co-author said she has been a victim of doxxing. Late one night, she got a threatening text from an unknown number with information about her home address and family. Assembly sergeants were able to find the doxxer, who was sentenced to five years probation, Aguiar-Curry told CalMatters.\u003c/p>\n\u003cp>“It was frightening,” she said. “Now people have the availability of personal information online, and the presence of social media everywhere in our lives has made doxxing an even greater threat to all of us. My privacy has been touched. My safety was touched.”\u003c/p>\n\u003ch2>Doxxing’s impact on LGBTQ+ community\u003c/h2>\n\u003cp>In a \u003ca href=\"https://www.adl.org/sites/default/files/documents/2024-06/online-hate-and-harassment-the-american-experience-v2024.pdf\">2024 Anti-Defamation League report\u003c/a>, LBGTQ+ respondents had the highest levels of severe online harassment compared to other demographic groups: 45% of transgender respondents said they had experienced severe online harassment — including doxxing — in the last year.\u003c/p>\n\u003cp>While there isn’t much data available on doxxing alone, LBGTQ+ organization leaders agree it’s prevalent.\u003c/p>\n\u003cfigure id=\"attachment_11992252\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11992252\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg\" alt='A white woman wearing glasses and a t-shirt that says \"Support Trans Youth\" stands in front of a home with a rainbow-colored LGBTQ+ flag.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kathie Moehlig at her home in Rancho Bernardo in San Diego on Aug. 26, 2022. \u003ccite>(Ariana Drehsler/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“So if people are sending out your information and posting on social media where you live, that is going to cause harm, distress and anxiety,” said Jorge Reyes Salinas, communications director at Equality California. “That’s just the mental health component, but of course, that could literally lead to someone going to your home, where you are the most safe and causing harm or even potential death.”\u003c/p>\n\u003cp>Moehlig founded TransFamily Support Services 10 years ago, a couple of years after she struggled to find care for her 11-year-old son when he decided to transition. She said that after being doxxed, she didn’t feel safe in her own home and was worried about her son.\u003c/p>\n\u003cp>“It’s that piece of feeling targeted, feeling like you have to look behind your shoulder all the time, and having to be more aware of the risks that are involved in just trying to make the world a safer place for my child and the other people we serve,” she said.\u003c/p>\n\u003cp>Moehlig and Reyes Salinas said the \u003ca href=\"https://translegislation.com/learn\">rise of anti-trans legislation\u003c/a> and hate rhetoric throughout the country has increased online harassment.\u003c/p>\n\u003cp>“Those attacks have definitely caused individuals and their allies to maybe take a pause,” Moehlig said.\u003c/p>\n\u003ch2>Doxxing of Gaza war protesters and counterprotesters\u003c/h2>\n\u003cp>When pro-Israel counterprotesters \u003ca href=\"https://calmatters.org/education/higher-education/2024/05/ucla-protests-palestine-photos/\">attacked a UCLA encampment in May\u003c/a>, people online rushed to identify them and post their information publicly — including their faces, license plate numbers and workplaces.\u003c/p>\n\u003cp>Information on many pro-Palestinian protesters has been posted on the Canary Mission website, which states that its goal is to “document individuals and organizations that promote hatred of the USA, Israel and Jews on North American college campuses and beyond.” The website contains the faces of hundreds of people who have expressed their support of Palestinians or criticized Israel, sometimes with details on where they live or their social media accounts.\u003c/p>\n\u003cp>To protect themselves, many protesters and counterprotesters have chosen to remain anonymous in interviews with journalists or wear masks or other face coverings.\u003c/p>\n\u003cp>But Los Angeles Mayor Karen Bass announced Monday — the day after a \u003ca href=\"https://calmatters.org/newsletter/california-ballot-bond-issues/#wm-story-2\">violent protest at an L.A. synagogue\u003c/a> — that she would consider implementing mask bans at protests. Jeffrey Abrams, ADL’s Los Angeles regional director, said at the same press conference that he supports looking into a mask ban.\u003c/p>\n\u003cp>In an interview before the press conference, Mark Levine, the Anti-Defamation League’s Central Pacific regional director, said that the group’s support of doxxing victims is a “longstanding position” that is unrelated to current events.\u003c/p>\n\u003cp>[aside postID=\"news_11979853,science_1985952\" label=\"Related Stories\"]“Doxxing is doxxing,” Ward said when asked how his bill would apply to Gaza war protests.\u003c/p>\n\u003ch2 id=\"h-the-legislator-who-voted-no\" class=\"wp-block-heading\">The legislator who voted ‘no’\u003c/h2>\n\u003cp>While the bill received near-unanimous support, \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/diane-dixon-165458\">Assemblymember Diane Dixon\u003c/a> cast the sole “no” vote on the Assembly floor. She said in an interview that the bill isn’t needed because it’s already a crime.\u003c/p>\n\u003cp>“Private right to action brings a lot of unnecessary lawsuits and clogs up our courts for unjustifiable reasons, particularly if there’s already a law against this,” she said.\u003c/p>\n\u003cp>Dixon, a Republican from Newport Beach, also argued that doxxing isn’t considered a hate crime in California — referencing a \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/Hate%20Crime%20In%20CA%202022f.pdf\">2022 hate crime report\u003c/a> from California Attorney General Rob Bonta’s office — and that the bill raises free speech concerns.\u003c/p>\n\u003cp>“People can be suing one another if they feel offended without being physically threatened,” she said.\u003c/p>\n\u003cp>When asked about freedom of speech, Ward and Levine pointed to the bill language, which specifies that doxxing is done with “the purpose of imminently causing that other person unwanted physical contact, injury or harassment.”\u003c/p>\n\u003cp>“If people are not acting with a level of the intent to harass an individual — and with the reckless disregard that the information posted will be used to carry out criminal conduct such as death, injury or stalking — anti-doxxing laws should not apply,” Levine said.\u003c/p>\n\u003cp>But Moehlig said what happened to her shows the need for the bill.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Having another tool, another piece to help deter this kind of behavior, is really important,” she said. “Having the opportunity as a victim to be able to stand up to it in a civil court helps to bring some power back to people who are victims.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Kathie Moehlig’s personal information was leaked online five years ago, she didn’t believe she had enough options to fight back.\u003c/p>\n\u003cp>“There was no recourse that I had to be able to go and have this individual held accountable for the risk at which they put myself and my family,” the founder of TransFamily Support Services said.\u003c/p>\n\u003cp>A bill now before the California Legislature aims to change that.\u003c/p>\n\u003cp>Doxxing — when someone shares another’s personal information online with the intent to harm — is a crime. It isn’t often prosecuted, however, because of the high threshold for evidence, such as proving who first posted the information and why. In the last five years, for instance, prosecutors filed 30 cases of doxxing in Orange County — and just one in Sacramento County.\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1979\">Assembly Bill 1979\u003c/a> would allow victims to sue those responsible for doxxing in civil court for as much as $30,000, plus attorneys’ fees and court costs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We see doxxing as a very extreme form of privacy invasion with a lot of distress and anxiety,” said \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/christopher-ward-35497\">Assemblymember Chris Ward\u003c/a>, a San Diego Democrat and \u003ca href=\"https://a78.asmdc.org/press-releases/20240402-assemblymember-ward-introduces-bill-provide-recourse-doxing-victims\">co-author of the bill\u003c/a>. “Victims are often left to work through a lot of emotional, physical, financial or other damages on their own, and they’re not made whole because there’s no ability to recapture any civil penalty to be able to support them on their journey to recovery.”\u003c/p>\n\u003cp>The Assembly passed the bill last month, as did the Senate judiciary committee earlier this month. It’s set to go before the appropriations committee on Monday.\u003c/p>\n\u003cp>In addition to TransFamily Support Services, the bill has support from several other LGBTQ+ organizations — including the California Legislative LGBTQ Caucus and Equality California — as well as the Anti-Defamation League and the cities of Sacramento and San Diego. No organizations have said they oppose it.\u003c/p>\n\u003cp>Six states have similar anti-doxxing laws that provide civil protections, and a few others failed to pass laws this year.\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/cecilia-aguiar-curry-101332\">Assemblymember Cecilia Aguiar-Curry\u003c/a>, a Democrat from Davis and the bill’s other co-author said she has been a victim of doxxing. Late one night, she got a threatening text from an unknown number with information about her home address and family. Assembly sergeants were able to find the doxxer, who was sentenced to five years probation, Aguiar-Curry told CalMatters.\u003c/p>\n\u003cp>“It was frightening,” she said. “Now people have the availability of personal information online, and the presence of social media everywhere in our lives has made doxxing an even greater threat to all of us. My privacy has been touched. My safety was touched.”\u003c/p>\n\u003ch2>Doxxing’s impact on LGBTQ+ community\u003c/h2>\n\u003cp>In a \u003ca href=\"https://www.adl.org/sites/default/files/documents/2024-06/online-hate-and-harassment-the-american-experience-v2024.pdf\">2024 Anti-Defamation League report\u003c/a>, LBGTQ+ respondents had the highest levels of severe online harassment compared to other demographic groups: 45% of transgender respondents said they had experienced severe online harassment — including doxxing — in the last year.\u003c/p>\n\u003cp>While there isn’t much data available on doxxing alone, LBGTQ+ organization leaders agree it’s prevalent.\u003c/p>\n\u003cfigure id=\"attachment_11992252\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11992252\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg\" alt='A white woman wearing glasses and a t-shirt that says \"Support Trans Youth\" stands in front of a home with a rainbow-colored LGBTQ+ flag.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/082622-Trans-Rights-SB107-Kathie-Moehlig-AD-CM-003-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kathie Moehlig at her home in Rancho Bernardo in San Diego on Aug. 26, 2022. \u003ccite>(Ariana Drehsler/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“So if people are sending out your information and posting on social media where you live, that is going to cause harm, distress and anxiety,” said Jorge Reyes Salinas, communications director at Equality California. “That’s just the mental health component, but of course, that could literally lead to someone going to your home, where you are the most safe and causing harm or even potential death.”\u003c/p>\n\u003cp>Moehlig founded TransFamily Support Services 10 years ago, a couple of years after she struggled to find care for her 11-year-old son when he decided to transition. She said that after being doxxed, she didn’t feel safe in her own home and was worried about her son.\u003c/p>\n\u003cp>“It’s that piece of feeling targeted, feeling like you have to look behind your shoulder all the time, and having to be more aware of the risks that are involved in just trying to make the world a safer place for my child and the other people we serve,” she said.\u003c/p>\n\u003cp>Moehlig and Reyes Salinas said the \u003ca href=\"https://translegislation.com/learn\">rise of anti-trans legislation\u003c/a> and hate rhetoric throughout the country has increased online harassment.\u003c/p>\n\u003cp>“Those attacks have definitely caused individuals and their allies to maybe take a pause,” Moehlig said.\u003c/p>\n\u003ch2>Doxxing of Gaza war protesters and counterprotesters\u003c/h2>\n\u003cp>When pro-Israel counterprotesters \u003ca href=\"https://calmatters.org/education/higher-education/2024/05/ucla-protests-palestine-photos/\">attacked a UCLA encampment in May\u003c/a>, people online rushed to identify them and post their information publicly — including their faces, license plate numbers and workplaces.\u003c/p>\n\u003cp>Information on many pro-Palestinian protesters has been posted on the Canary Mission website, which states that its goal is to “document individuals and organizations that promote hatred of the USA, Israel and Jews on North American college campuses and beyond.” The website contains the faces of hundreds of people who have expressed their support of Palestinians or criticized Israel, sometimes with details on where they live or their social media accounts.\u003c/p>\n\u003cp>To protect themselves, many protesters and counterprotesters have chosen to remain anonymous in interviews with journalists or wear masks or other face coverings.\u003c/p>\n\u003cp>But Los Angeles Mayor Karen Bass announced Monday — the day after a \u003ca href=\"https://calmatters.org/newsletter/california-ballot-bond-issues/#wm-story-2\">violent protest at an L.A. synagogue\u003c/a> — that she would consider implementing mask bans at protests. Jeffrey Abrams, ADL’s Los Angeles regional director, said at the same press conference that he supports looking into a mask ban.\u003c/p>\n\u003cp>In an interview before the press conference, Mark Levine, the Anti-Defamation League’s Central Pacific regional director, said that the group’s support of doxxing victims is a “longstanding position” that is unrelated to current events.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Doxxing is doxxing,” Ward said when asked how his bill would apply to Gaza war protests.\u003c/p>\n\u003ch2 id=\"h-the-legislator-who-voted-no\" class=\"wp-block-heading\">The legislator who voted ‘no’\u003c/h2>\n\u003cp>While the bill received near-unanimous support, \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/diane-dixon-165458\">Assemblymember Diane Dixon\u003c/a> cast the sole “no” vote on the Assembly floor. She said in an interview that the bill isn’t needed because it’s already a crime.\u003c/p>\n\u003cp>“Private right to action brings a lot of unnecessary lawsuits and clogs up our courts for unjustifiable reasons, particularly if there’s already a law against this,” she said.\u003c/p>\n\u003cp>Dixon, a Republican from Newport Beach, also argued that doxxing isn’t considered a hate crime in California — referencing a \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/Hate%20Crime%20In%20CA%202022f.pdf\">2022 hate crime report\u003c/a> from California Attorney General Rob Bonta’s office — and that the bill raises free speech concerns.\u003c/p>\n\u003cp>“People can be suing one another if they feel offended without being physically threatened,” she said.\u003c/p>\n\u003cp>When asked about freedom of speech, Ward and Levine pointed to the bill language, which specifies that doxxing is done with “the purpose of imminently causing that other person unwanted physical contact, injury or harassment.”\u003c/p>\n\u003cp>“If people are not acting with a level of the intent to harass an individual — and with the reckless disregard that the information posted will be used to carry out criminal conduct such as death, injury or stalking — anti-doxxing laws should not apply,” Levine said.\u003c/p>\n\u003cp>But Moehlig said what happened to her shows the need for the bill.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Having another tool, another piece to help deter this kind of behavior, is really important,” she said. “Having the opportunity as a victim to be able to stand up to it in a civil court helps to bring some power back to people who are victims.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The union representing prosecutors in the office of Alameda County District Attorney \u003ca href=\"https://www.kqed.org/news/tag/pamela-price\">Pamela Price\u003c/a> voted in favor of recalling their boss.\u003c/p>\n\u003cp>At a wide-ranging press conference on Tuesday, Price said the union is upset because she is rooting out misconduct.\u003c/p>\n\u003cp>“The prosecutors’ union, at this point, represents a very small percentage of our employees and, unfortunately, the timing is indicative of the fact that this office has had a legacy and a history of unethical behavior,” Price said, noting that the union contributed $125,000 to her opponent’s campaign in 2022.\u003c/p>\n\u003cp>In addition to the vote by the Alameda County Prosecutors’ Association, Price, who will \u003ca href=\"https://www.kqed.org/news/11986400/alameda-county-district-attorney-will-face-a-recall-election-in-november\">face a recall election in November\u003c/a>, talked about gun violence, the reorganization of her office, the resignation of her second in command and the county’s review of death penalty cases tainted by alleged prosecutorial misconduct.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At a moment when top elected officials in Alameda County and Oakland are fighting allegations of misconduct and mismanagement, and as Oakland recovers from a mass shooting at Lake Merritt, Price defended her administration.\u003c/p>\n\u003cp>Price said she believed the union’s recall vote was in response to her administration’s review of death penalty convictions.\u003c/p>\n\u003cp>In April, Judge Vince Chhabria of the U.S. District Court of Northern California \u003ca href=\"https://www.kqed.org/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county\">directed\u003c/a> Price’s office to review all death penalty convictions for signs of prosecutorial misconduct. The directive came after evidence indicating county prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>It’s the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty. Price was elected in 2022.\u003c/p>\n\u003cp>“I’m sure that there are people who are leading the prosecutors’ union who have a problem with that. The whole world is watching and horrified by what we have uncovered,” Price said. “Our effort to hold prosecutors accountable for this kind of misconduct and other ethical lapses has been met with resistance from the prosecutors’ union before we arrived and certainly since we’ve been here.”\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cp>“We are under the mandate to review all of the cases,” Price said. “We’re continuing to meet with Judge Chhabria as well as the California Attorney General’s office, as well as defense counsel in the cases.”\u003c/p>\n\u003cp>Price announced that Otis Bruce, the chief assistant DA, had resigned. According to \u003ca href=\"https://www.berkeleyscanner.com/2023/07/11/courts/otis-bruce-jr-marin-county-da-misconduct-investigation/#:~:text=But%20Bruce%20did%20make%20headlines,as%20they%20discussed%20a%20case.\">reporting\u003c/a> in the \u003cem>Berkeley Scanner\u003c/em>, Bruce made disparaging remarks about Pacific Islanders to an Asian American prosecutor in 2023 and allegedly fostered an environment of fear when he worked for the Marin County DA, his post, before joining Price’s office.\u003c/p>\n\u003cp>Price did not elaborate on why Bruce, who was replaced by Evanthia Pappas, resigned.\u003c/p>\n\u003cp>“As we go through this transition, I think that it will be a great opportunity, as I mentioned, for others who have been longtime prosecutors in this office to prosper,” she said.\u003c/p>\n\u003cp>The office’s reorganization includes the addition of two new divisions: gender justice and advancing justice.\u003c/p>\n\u003cp>Oakland and Alameda County have been rocked by a series of incidents recently. Earlier this month, Price and the Alameda County Sheriff’s Office \u003ca href=\"https://www.kqed.org/news/11988718/alameda-county-sheriffs-office-and-district-attorney-take-to-facebook-to-air-charging-dispute\">disputed a charging decision\u003c/a> publicly on Facebook. At the center of the conflict was a federal parole violation hearing.\u003c/p>\n\u003cp>On June 12, Patricia Lee, a former public information officer for Price, \u003ca href=\"https://www.kqed.org/news/11990321/lawsuit-claims-alameda-county-da-is-biased-against-asians-how-will-it-impact-the-recall\">filed a lawsuit\u003c/a> against Alameda County and Price, alleging Price made anti-Asian remarks and fired her in retaliation for speaking up about violations of public transparency laws.\u003c/p>\n\u003cp>On June 19, 14 people were shot near Lake Merritt after a Juneteenth celebration. Price said that there were multiple shooters.\u003c/p>\n\u003cp>“The investigation of the Juneteenth incident at Lake Merritt is ongoing,” she said. “There are a lot of videos. We need reliable witnesses so that the Oakland Police Department can, in fact, determine what happened and who is accountable.”\u003c/p>\n\u003cp>The morning after the mass shooting, \u003ca href=\"https://www.kqed.org/news/11991242/fbi-agents-raid-home-of-oakland-mayor-sheng-thao\">federal agents raided\u003c/a> Oakland Mayor Sheng Thao’s home, throwing the embattled leader into further turmoil as she faces an \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">upcoming recall election\u003c/a>.\u003c/p>\n\u003cp>Thao’s initial silence began \u003ca href=\"https://www.kqed.org/news/11991429/after-oakland-fbi-raids-and-juneteenth-shooting-where-is-mayor-sheng-thao\">fueling speculation\u003c/a> about her future. On Monday, she gave a \u003ca href=\"https://www.kqed.org/news/11991658/oakland-mayor-sheng-thao-to-make-first-public-comments-since-fbi-raids\">defiant public statement\u003c/a>. A day later, Francis Zamora, her chief spokesperson, \u003ca href=\"https://www.kqed.org/news/11991794/oakland-mayors-press-chief-resigns-after-fbi-raids-as-turmoil-mounts\">resigned\u003c/a>. Thao also parted ways with Anthony Brass, a San Francisco-based attorney who represented her. No City Council allies have spoken out in support.\u003c/p>\n\u003cp>Price declined to comment on the FBI raid.\u003c/p>\n\u003cp>“I am saddened by what we are experiencing in this season. I know that all of us are traumatized by the events that we have observed, starting with Wednesday night’s mass shooting and then followed by the raid on Thursday morning,” Price said. “I think that we all should reserve judgment until we know the facts, and I think we should all pray for our city.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The union representing prosecutors in the office of Alameda County District Attorney \u003ca href=\"https://www.kqed.org/news/tag/pamela-price\">Pamela Price\u003c/a> voted in favor of recalling their boss.\u003c/p>\n\u003cp>At a wide-ranging press conference on Tuesday, Price said the union is upset because she is rooting out misconduct.\u003c/p>\n\u003cp>“The prosecutors’ union, at this point, represents a very small percentage of our employees and, unfortunately, the timing is indicative of the fact that this office has had a legacy and a history of unethical behavior,” Price said, noting that the union contributed $125,000 to her opponent’s campaign in 2022.\u003c/p>\n\u003cp>In addition to the vote by the Alameda County Prosecutors’ Association, Price, who will \u003ca href=\"https://www.kqed.org/news/11986400/alameda-county-district-attorney-will-face-a-recall-election-in-november\">face a recall election in November\u003c/a>, talked about gun violence, the reorganization of her office, the resignation of her second in command and the county’s review of death penalty cases tainted by alleged prosecutorial misconduct.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At a moment when top elected officials in Alameda County and Oakland are fighting allegations of misconduct and mismanagement, and as Oakland recovers from a mass shooting at Lake Merritt, Price defended her administration.\u003c/p>\n\u003cp>Price said she believed the union’s recall vote was in response to her administration’s review of death penalty convictions.\u003c/p>\n\u003cp>In April, Judge Vince Chhabria of the U.S. District Court of Northern California \u003ca href=\"https://www.kqed.org/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county\">directed\u003c/a> Price’s office to review all death penalty convictions for signs of prosecutorial misconduct. The directive came after evidence indicating county prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>It’s the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty. Price was elected in 2022.\u003c/p>\n\u003cp>“I’m sure that there are people who are leading the prosecutors’ union who have a problem with that. The whole world is watching and horrified by what we have uncovered,” Price said. “Our effort to hold prosecutors accountable for this kind of misconduct and other ethical lapses has been met with resistance from the prosecutors’ union before we arrived and certainly since we’ve been here.”\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cp>“We are under the mandate to review all of the cases,” Price said. “We’re continuing to meet with Judge Chhabria as well as the California Attorney General’s office, as well as defense counsel in the cases.”\u003c/p>\n\u003cp>Price announced that Otis Bruce, the chief assistant DA, had resigned. According to \u003ca href=\"https://www.berkeleyscanner.com/2023/07/11/courts/otis-bruce-jr-marin-county-da-misconduct-investigation/#:~:text=But%20Bruce%20did%20make%20headlines,as%20they%20discussed%20a%20case.\">reporting\u003c/a> in the \u003cem>Berkeley Scanner\u003c/em>, Bruce made disparaging remarks about Pacific Islanders to an Asian American prosecutor in 2023 and allegedly fostered an environment of fear when he worked for the Marin County DA, his post, before joining Price’s office.\u003c/p>\n\u003cp>Price did not elaborate on why Bruce, who was replaced by Evanthia Pappas, resigned.\u003c/p>\n\u003cp>“As we go through this transition, I think that it will be a great opportunity, as I mentioned, for others who have been longtime prosecutors in this office to prosper,” she said.\u003c/p>\n\u003cp>The office’s reorganization includes the addition of two new divisions: gender justice and advancing justice.\u003c/p>\n\u003cp>Oakland and Alameda County have been rocked by a series of incidents recently. Earlier this month, Price and the Alameda County Sheriff’s Office \u003ca href=\"https://www.kqed.org/news/11988718/alameda-county-sheriffs-office-and-district-attorney-take-to-facebook-to-air-charging-dispute\">disputed a charging decision\u003c/a> publicly on Facebook. At the center of the conflict was a federal parole violation hearing.\u003c/p>\n\u003cp>On June 12, Patricia Lee, a former public information officer for Price, \u003ca href=\"https://www.kqed.org/news/11990321/lawsuit-claims-alameda-county-da-is-biased-against-asians-how-will-it-impact-the-recall\">filed a lawsuit\u003c/a> against Alameda County and Price, alleging Price made anti-Asian remarks and fired her in retaliation for speaking up about violations of public transparency laws.\u003c/p>\n\u003cp>On June 19, 14 people were shot near Lake Merritt after a Juneteenth celebration. Price said that there were multiple shooters.\u003c/p>\n\u003cp>“The investigation of the Juneteenth incident at Lake Merritt is ongoing,” she said. “There are a lot of videos. We need reliable witnesses so that the Oakland Police Department can, in fact, determine what happened and who is accountable.”\u003c/p>\n\u003cp>The morning after the mass shooting, \u003ca href=\"https://www.kqed.org/news/11991242/fbi-agents-raid-home-of-oakland-mayor-sheng-thao\">federal agents raided\u003c/a> Oakland Mayor Sheng Thao’s home, throwing the embattled leader into further turmoil as she faces an \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">upcoming recall election\u003c/a>.\u003c/p>\n\u003cp>Thao’s initial silence began \u003ca href=\"https://www.kqed.org/news/11991429/after-oakland-fbi-raids-and-juneteenth-shooting-where-is-mayor-sheng-thao\">fueling speculation\u003c/a> about her future. On Monday, she gave a \u003ca href=\"https://www.kqed.org/news/11991658/oakland-mayor-sheng-thao-to-make-first-public-comments-since-fbi-raids\">defiant public statement\u003c/a>. A day later, Francis Zamora, her chief spokesperson, \u003ca href=\"https://www.kqed.org/news/11991794/oakland-mayors-press-chief-resigns-after-fbi-raids-as-turmoil-mounts\">resigned\u003c/a>. Thao also parted ways with Anthony Brass, a San Francisco-based attorney who represented her. No City Council allies have spoken out in support.\u003c/p>\n\u003cp>Price declined to comment on the FBI raid.\u003c/p>\n\u003cp>“I am saddened by what we are experiencing in this season. I know that all of us are traumatized by the events that we have observed, starting with Wednesday night’s mass shooting and then followed by the raid on Thursday morning,” Price said. “I think that we all should reserve judgment until we know the facts, and I think we should all pray for our city.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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},
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"title": "Rightnowish",
"tagline": "Art is where you find it",
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"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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"tagline": "True-life supernatural stories",
"info": "",
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