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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": "\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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"slug": "a-new-california-bill-would-regulate-police-use-of-facial-recognition-these-falsely-arrested-black-men-say-its-not-enough",
"title": "A New California Bill Would Regulate Police Use of Facial Recognition. These Falsely Arrested Black Men Say It's Not Enough",
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"headTitle": "A New California Bill Would Regulate Police Use of Facial Recognition. These Falsely Arrested Black Men Say It’s Not Enough | KQED",
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"content": "\u003cp>In 2019 and 2020, three Black men were accused of and jailed for crimes they didn’t commit after police used facial recognition to falsely identify them. Their wrongful arrest lawsuits are still pending, but their cases bring to light how AI-enabled tools can lead to civil rights violations and \u003ca href=\"https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/\">lasting consequences for the families of the accused\u003c/a>.\u003c/p>\n\u003cp>Now, all three men are speaking out against pending California legislation making it illegal for police to use facial recognition technology as the sole reason for a search or arrest. Instead, it would require corroborating indicators. The problem, critics say, is that a possible face recognition “match” is not evidence — and that it can lead investigations astray even if police seek corroborating evidence.\u003c/p>\n\u003cp>The state Assembly last month passed \u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1814?slug=CA_202320240AB1814\">Assembly Bill 1814\u003c/a> with a 70–0 vote. On Tuesday, it faced a contentious hearing in the Senate Public Safety Committee.\u003c/p>\n\u003cp>Such a bill “would not have stopped the police from falsely arresting me in front of my wife and daughters,” Robert Williams told CalMatters in a statement. In 2020, Detroit police accused Williams of stealing watches worth thousands of dollars — the first known instance of \u003ca href=\"https://www.nytimes.com/2020/06/24/technology/facial-recognition-arrest.html\">false arrest involving facial recognition\u003c/a> in the United States — after facial recognition technology matched a surveillance video to a photo of Williams in a state database. Investigators put his photo in a “six-pack lineup” with five others, from which a security guard, who had seen a surveillance image and \u003ca href=\"https://www.freep.com/story/news/local/michigan/detroit/2020/06/26/facial-recognition-wrongful-arrest-detroit-police/3265943001/\">not the theft itself\u003c/a>, selected him.\u003c/p>\n\u003cp>“In my case, as in others, the police did exactly what AB 1814 would require them to do, but it didn’t help,” said Williams, who is Black. “Once the facial recognition software told them I was the suspect, it poisoned the investigation. This technology is racially biased and unreliable and should be prohibited.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He added, “I implore California lawmakers to not settle for half measures that won’t actually protect people like me.”\u003c/p>\n\u003cp>The first facial recognition searches in the United States occurred over two decades ago. It’s a process that begins with a photo of a suspect, typically taken from security camera footage. Face recognition on your iPhone is trained to match your photo, but the kind used by law enforcement agencies searches databases of mug shots or driver’s license photos that can contain millions of photos and can fail in numerous ways. Tests by researchers have shown that the technology is less accurate when attempting to identify \u003ca href=\"http://gendershades.org/\">people with darker skin\u003c/a> and those who identify as \u003ca href=\"https://www.colorado.edu/today/2019/10/08/facial-recognition-software-has-gender-problem\">transgender\u003c/a>. Accuracy has also been shown to decrease when a probe image of a suspect is low quality or if the image in a database is outdated.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"facial-recognition\"]After a computer assembles a list of possible matches from a database of images, police pick a suspect from an array of candidates, then show that photo to an eyewitness. Eyewitness testimony has proven to be a \u003ca href=\"https://innocenceproject.org/how-eyewitness-misidentification-can-send-innocent-people-to-prison/\">leading cause of wrongful convictions in the United States\u003c/a>.\u003c/p>\n\u003cp>Because investigators may use facial recognition to identify possible suspects but ultimately rely on eyewitness testimony, the technology can play a role in a criminal investigation without the accused and defense attorneys knowing about it.\u003c/p>\n\u003cp>Directives not to treat a possible match by a facial recognition system as the sole basis for an arrest sometimes don’t make a difference. They failed to do so, for instance, in the case of Alonzo Sawyer, a man who was falsely arrested near Baltimore and \u003ca href=\"https://www.wired.com/story/face-recognition-software-led-to-his-arrest-it-was-dead-wrong/\">spent nine days in jail\u003c/a>.\u003c/p>\n\u003cp>Njeer Parks, who spent nearly a year fighting allegations that he stole items from a hotel gift shop in New Jersey and then nearly hit a police officer with a stolen vehicle, came out in opposition to the California bill in a video \u003ca href=\"https://www.instagram.com/p/C71ybeKJcQQ/\">posted on Instagram\u003c/a> last week. The police “are not going to do their job if the AI is saying ‘It’s him’ already. That’s what happened to me.”\u003c/p>\n\u003cp>“I got lucky,” he told CalMatters in a phone interview, noting that a store a receipt he saved had exonerated him and kept him out of prison. “I don’t want to see anybody sitting in jail for something they didn’t do.”\u003c/p>\n\u003cp>The attorney for Michael Oliver, a Black man who was wrongly accused of assaulting a high school teacher in Detroit in 2020, is scheduled to testify at Tuesday’s legislative hearing in Sacramento, the American Civil Liberties Union said.\u003c/p>\n\u003cp>Supporters of the bill include the California Faculty Association and the League of California Cities. The California Police Chiefs Association argues that facial recognition can reduce criminal activity and provide police with actionable leads and that such technology will be important as California looks to host international events such as the 2026 World Cup and the 2028 Summer Olympics in Los Angeles.\u003c/p>\n\u003cp>“Across the country, real-world examples of law enforcement using [facial recognition technology] to solve major crimes showcases just how important this new technology can be towards protecting our communities,” the association has argued. It cited cases in which it says facial recognition played a role in identifying the guilty, including a newspaper headquarters \u003ca href=\"https://www.washingtonpost.com/local/public-safety/police-used-facial-recognition-software-to-identify-suspect-in-newspaper-shooting/2018/06/29/6dc9d212-7bba-11e8-aeee-4d04c8ac6158_story.html\">shooting in Maryland\u003c/a> and a rape in New York.\u003c/p>\n\u003cp>Facial recognition alone should never lead to false arrests, Jake Parker with the Security Industry Association told members of the California Assembly a few weeks ago. That’s why AB 1814 is meant to corroborate investigative leads with evidence, not just a possible facial recognition match.\u003c/p>\n\u003cp>“There’s a clear need to bolster public trust that this technology is being leveraged accurately, lawfully, and in an effective way that’s also limited and non-discriminatory in a way that benefits our communities,” he said. “So we believe AB 1814 will help bolster this trust, and for that reason, we urge you to support this bill in its current form.”\u003c/p>\n\u003cp>However, more than 50 advocacy organizations — including the ACLU, Access Reproductive Justice and the Electronic Frontier Foundation — \u003ca href=\"https://www.aclunc.org/sites/default/files/AB%201814%20coalition%20letter%206.4.2024.pdf\">signed a letter last week opposing the bill\u003c/a>. They called facial recognition software unreliable, a proven threat to Black men, and a potential threat to protesters, people seeking abortions, and immigrant and LGBTQ communities.\u003c/p>\n\u003cp>“By allowing police to scan and identify people without limitation, AB 1814 will also increase unnecessary police interactions that too often have the potential to escalate into fatal encounters. This will remain true regardless of how accurate face recognition technology becomes,” the organizations said in a letter. “There is no way for people to find out if facial recognition is used against them and no mechanism to make sure the police comply with the law.”\u003c/p>\n\u003cp>The author of the bill, San Francisco Democratic Assemblymember Phil Ting, also authored a 2019 bill that \u003ca href=\"https://calmatters.org/justice/2019/09/facial-recognition-technology-california-law-police-opposition-legislature/\">initially placed a permanent ban on police use\u003c/a> of body camera footage with facial recognition. That was amended to a temporary ban, which ended in January 2023.\u003c/p>\n\u003cp>Ting told CalMatters he’s uncomfortable with the fact that California currently has no limits on how law enforcement agencies use the technology.\u003c/p>\n\u003cp>He said in a statement that his bill “simply requires officers to have additional evidence before they can proceed with a search, arrest, or affidavit for a warrant. I believe having a precautionary step can help protect people’s privacy and due process rights while still allowing local governments to go further and pursue their own facial recognition bans.”\u003c/p>\n\u003cp>Ting’s city of San Francisco became the first major city in the nation to ban face recognition in 2019. However, \u003ca href=\"https://www.washingtonpost.com/business/2024/05/18/facial-recognition-law-enforcement-austin-san-francisco/\">\u003cem>The Washington Post\u003c/em> last month\u003c/a> reported that San Francisco police have, on multiple occasions, gone around restrictions by requesting that law enforcement in neighboring cities conduct the searches for them.\u003c/p>\n\u003cp>Former San Francisco District Attorney Chesa Boudin, who was recalled by voters in 2022, says there have almost certainly been false arrests associated with the use of facial recognition in California, but they would remain unknown to the public unless prosecutors filed charges and the accused later went to trial with a civil lawsuit seeking damages. Often, \u003ca href=\"https://www.wired.com/story/hidden-role-facial-recognition-tech-arrests/\">such cases would be settled out of court\u003c/a>.\u003c/p>\n\u003cp>“We absolutely need a legislative, regulatory framework for these technologies, but I don’t think AB 1814 is adequate in terms of protecting civil liberties or providing meaningful guardrails or safeguards for the use of these new and powerful technologies,” said Boudin, who now directs UC Berkeley’s Criminal Law & Justice Center.\u003c/p>\n\u003cp>The staff of the Senate Public Safety committee staff has \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB1814\">suggested\u003c/a> amending the bill to state that judges should not grant warrant applications by law enforcement agencies based solely on a possible match by face recognition technology.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Lawmakers have until the end of the legislative session in August to decide whether to pass AB 1814.\u003c/p>\n\n",
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"excerpt": "Three men who were falsely arrested out of state based on facial-recognition technology say a new California bill that aims to place guardrails around how police use the technology would fail to prevent misguided arrests.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2019 and 2020, three Black men were accused of and jailed for crimes they didn’t commit after police used facial recognition to falsely identify them. Their wrongful arrest lawsuits are still pending, but their cases bring to light how AI-enabled tools can lead to civil rights violations and \u003ca href=\"https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/\">lasting consequences for the families of the accused\u003c/a>.\u003c/p>\n\u003cp>Now, all three men are speaking out against pending California legislation making it illegal for police to use facial recognition technology as the sole reason for a search or arrest. Instead, it would require corroborating indicators. The problem, critics say, is that a possible face recognition “match” is not evidence — and that it can lead investigations astray even if police seek corroborating evidence.\u003c/p>\n\u003cp>The state Assembly last month passed \u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1814?slug=CA_202320240AB1814\">Assembly Bill 1814\u003c/a> with a 70–0 vote. On Tuesday, it faced a contentious hearing in the Senate Public Safety Committee.\u003c/p>\n\u003cp>Such a bill “would not have stopped the police from falsely arresting me in front of my wife and daughters,” Robert Williams told CalMatters in a statement. In 2020, Detroit police accused Williams of stealing watches worth thousands of dollars — the first known instance of \u003ca href=\"https://www.nytimes.com/2020/06/24/technology/facial-recognition-arrest.html\">false arrest involving facial recognition\u003c/a> in the United States — after facial recognition technology matched a surveillance video to a photo of Williams in a state database. Investigators put his photo in a “six-pack lineup” with five others, from which a security guard, who had seen a surveillance image and \u003ca href=\"https://www.freep.com/story/news/local/michigan/detroit/2020/06/26/facial-recognition-wrongful-arrest-detroit-police/3265943001/\">not the theft itself\u003c/a>, selected him.\u003c/p>\n\u003cp>“In my case, as in others, the police did exactly what AB 1814 would require them to do, but it didn’t help,” said Williams, who is Black. “Once the facial recognition software told them I was the suspect, it poisoned the investigation. This technology is racially biased and unreliable and should be prohibited.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He added, “I implore California lawmakers to not settle for half measures that won’t actually protect people like me.”\u003c/p>\n\u003cp>The first facial recognition searches in the United States occurred over two decades ago. It’s a process that begins with a photo of a suspect, typically taken from security camera footage. Face recognition on your iPhone is trained to match your photo, but the kind used by law enforcement agencies searches databases of mug shots or driver’s license photos that can contain millions of photos and can fail in numerous ways. Tests by researchers have shown that the technology is less accurate when attempting to identify \u003ca href=\"http://gendershades.org/\">people with darker skin\u003c/a> and those who identify as \u003ca href=\"https://www.colorado.edu/today/2019/10/08/facial-recognition-software-has-gender-problem\">transgender\u003c/a>. Accuracy has also been shown to decrease when a probe image of a suspect is low quality or if the image in a database is outdated.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>After a computer assembles a list of possible matches from a database of images, police pick a suspect from an array of candidates, then show that photo to an eyewitness. Eyewitness testimony has proven to be a \u003ca href=\"https://innocenceproject.org/how-eyewitness-misidentification-can-send-innocent-people-to-prison/\">leading cause of wrongful convictions in the United States\u003c/a>.\u003c/p>\n\u003cp>Because investigators may use facial recognition to identify possible suspects but ultimately rely on eyewitness testimony, the technology can play a role in a criminal investigation without the accused and defense attorneys knowing about it.\u003c/p>\n\u003cp>Directives not to treat a possible match by a facial recognition system as the sole basis for an arrest sometimes don’t make a difference. They failed to do so, for instance, in the case of Alonzo Sawyer, a man who was falsely arrested near Baltimore and \u003ca href=\"https://www.wired.com/story/face-recognition-software-led-to-his-arrest-it-was-dead-wrong/\">spent nine days in jail\u003c/a>.\u003c/p>\n\u003cp>Njeer Parks, who spent nearly a year fighting allegations that he stole items from a hotel gift shop in New Jersey and then nearly hit a police officer with a stolen vehicle, came out in opposition to the California bill in a video \u003ca href=\"https://www.instagram.com/p/C71ybeKJcQQ/\">posted on Instagram\u003c/a> last week. The police “are not going to do their job if the AI is saying ‘It’s him’ already. That’s what happened to me.”\u003c/p>\n\u003cp>“I got lucky,” he told CalMatters in a phone interview, noting that a store a receipt he saved had exonerated him and kept him out of prison. “I don’t want to see anybody sitting in jail for something they didn’t do.”\u003c/p>\n\u003cp>The attorney for Michael Oliver, a Black man who was wrongly accused of assaulting a high school teacher in Detroit in 2020, is scheduled to testify at Tuesday’s legislative hearing in Sacramento, the American Civil Liberties Union said.\u003c/p>\n\u003cp>Supporters of the bill include the California Faculty Association and the League of California Cities. The California Police Chiefs Association argues that facial recognition can reduce criminal activity and provide police with actionable leads and that such technology will be important as California looks to host international events such as the 2026 World Cup and the 2028 Summer Olympics in Los Angeles.\u003c/p>\n\u003cp>“Across the country, real-world examples of law enforcement using [facial recognition technology] to solve major crimes showcases just how important this new technology can be towards protecting our communities,” the association has argued. It cited cases in which it says facial recognition played a role in identifying the guilty, including a newspaper headquarters \u003ca href=\"https://www.washingtonpost.com/local/public-safety/police-used-facial-recognition-software-to-identify-suspect-in-newspaper-shooting/2018/06/29/6dc9d212-7bba-11e8-aeee-4d04c8ac6158_story.html\">shooting in Maryland\u003c/a> and a rape in New York.\u003c/p>\n\u003cp>Facial recognition alone should never lead to false arrests, Jake Parker with the Security Industry Association told members of the California Assembly a few weeks ago. That’s why AB 1814 is meant to corroborate investigative leads with evidence, not just a possible facial recognition match.\u003c/p>\n\u003cp>“There’s a clear need to bolster public trust that this technology is being leveraged accurately, lawfully, and in an effective way that’s also limited and non-discriminatory in a way that benefits our communities,” he said. “So we believe AB 1814 will help bolster this trust, and for that reason, we urge you to support this bill in its current form.”\u003c/p>\n\u003cp>However, more than 50 advocacy organizations — including the ACLU, Access Reproductive Justice and the Electronic Frontier Foundation — \u003ca href=\"https://www.aclunc.org/sites/default/files/AB%201814%20coalition%20letter%206.4.2024.pdf\">signed a letter last week opposing the bill\u003c/a>. They called facial recognition software unreliable, a proven threat to Black men, and a potential threat to protesters, people seeking abortions, and immigrant and LGBTQ communities.\u003c/p>\n\u003cp>“By allowing police to scan and identify people without limitation, AB 1814 will also increase unnecessary police interactions that too often have the potential to escalate into fatal encounters. This will remain true regardless of how accurate face recognition technology becomes,” the organizations said in a letter. “There is no way for people to find out if facial recognition is used against them and no mechanism to make sure the police comply with the law.”\u003c/p>\n\u003cp>The author of the bill, San Francisco Democratic Assemblymember Phil Ting, also authored a 2019 bill that \u003ca href=\"https://calmatters.org/justice/2019/09/facial-recognition-technology-california-law-police-opposition-legislature/\">initially placed a permanent ban on police use\u003c/a> of body camera footage with facial recognition. That was amended to a temporary ban, which ended in January 2023.\u003c/p>\n\u003cp>Ting told CalMatters he’s uncomfortable with the fact that California currently has no limits on how law enforcement agencies use the technology.\u003c/p>\n\u003cp>He said in a statement that his bill “simply requires officers to have additional evidence before they can proceed with a search, arrest, or affidavit for a warrant. I believe having a precautionary step can help protect people’s privacy and due process rights while still allowing local governments to go further and pursue their own facial recognition bans.”\u003c/p>\n\u003cp>Ting’s city of San Francisco became the first major city in the nation to ban face recognition in 2019. However, \u003ca href=\"https://www.washingtonpost.com/business/2024/05/18/facial-recognition-law-enforcement-austin-san-francisco/\">\u003cem>The Washington Post\u003c/em> last month\u003c/a> reported that San Francisco police have, on multiple occasions, gone around restrictions by requesting that law enforcement in neighboring cities conduct the searches for them.\u003c/p>\n\u003cp>Former San Francisco District Attorney Chesa Boudin, who was recalled by voters in 2022, says there have almost certainly been false arrests associated with the use of facial recognition in California, but they would remain unknown to the public unless prosecutors filed charges and the accused later went to trial with a civil lawsuit seeking damages. Often, \u003ca href=\"https://www.wired.com/story/hidden-role-facial-recognition-tech-arrests/\">such cases would be settled out of court\u003c/a>.\u003c/p>\n\u003cp>“We absolutely need a legislative, regulatory framework for these technologies, but I don’t think AB 1814 is adequate in terms of protecting civil liberties or providing meaningful guardrails or safeguards for the use of these new and powerful technologies,” said Boudin, who now directs UC Berkeley’s Criminal Law & Justice Center.\u003c/p>\n\u003cp>The staff of the Senate Public Safety committee staff has \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB1814\">suggested\u003c/a> amending the bill to state that judges should not grant warrant applications by law enforcement agencies based solely on a possible match by face recognition technology.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A woman who was kicked and dragged in front of her family by a San José police officer in 2020 is set to receive a $350,000 payout from the city.\u003c/p>\n\u003cp>The San José City Council will consider final approval of the settlement with resident Guadalupe Marin at its June 11 meeting, nearly three years after Marin sued the city over the incident.\u003c/p>\n\u003cp>The incident garnered significant attention in the immediate aftermath when a passerby posted a cell phone video of the violent encounter that was shared widely.\u003c/p>\n\u003cp>Marin’s attorney, Sarah Marinho, described in a complaint filed in 2021 how Marin, her sister and her sister’s young children drove together to a McDonald’s on East Santa Clara Street just a few blocks from their home on July 22, 2020.\u003c/p>\n\u003cp>The family was riding in a silver car Marin’s sister had purchased just days earlier from a mechanic, the complaint said. Soon after they pulled into the parking lot, two police officers, Matthew Rodriguez and Tyler Moran, approached with their guns aimed at the family.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police later claimed officers drew their guns immediately because they believed the car the family was riding in had evaded police twice in the week prior, though Marinho wrote that Marin never evaded police.\u003c/p>\n\u003cp>Rodriguez ordered Marin at gunpoint to get out of the car and get down on her knees, which Marin did, while Moran stood near her and aimed his gun at Marin’s sister in the car.\u003c/p>\n\u003cp>Marinho wrote that Rodriguez knew Marin was unarmed because he could see she had nothing in her hands “and was wearing form-fitting shorts and a tank top.” Marin also put her hands behind her back after Rodriguez told her to do so.[aside label=\"Related Stories\" tag=\"use-of-force\"]Marin “was objectively not a threat in any way to these officers,” Marinho wrote.\u003c/p>\n\u003cp>When Rodriguez then ordered Marin to crawl, Marin was confused because she was “already so close to Rodriguez that if she were to get down on her hands and knees, her face would be near the officer’s feet and there would be nowhere to crawl.” She “crawled” by inching forward on her knees slowly.\u003c/p>\n\u003cp>Rodriguez allegedly told Marin, “I’m going to kick you in the f—— face,” which shocked and confused Marin, who then sat back on her heels.\u003c/p>\n\u003cp>“Only a second later, Rodriguez swiftly kicked (Marin) in the abdomen at full force, knocking the wind out of her,” Marinho wrote. Rodriguez then pushed (Marin) face down to the pavement and handcuffed her forcefully, saying ‘Why didn’t you f—— listen?’,” the complaint said.\u003c/p>\n\u003cp>The officer then “picked her up by the handcuffs and dragged her across the pavement while her 7-year-old nephew and 2-year-old niece screamed from within the car.”\u003c/p>\n\u003cp>Marin’s face, knees and ankles were “rubbed raw and bloody” from being dragged on the pavement, and her shoulders were hyperextended. She couldn’t lift her arms or bend over for days after the encounter, the complaint said, and she needed assistance getting dressed.\u003c/p>\n\u003cp>In an email to KQED, City Attorney Nora Frimann said, “We believe the settlement is fair and allows the City to avoid the risks of further litigation.”\u003c/p>\n\u003cp>Marinho and Marin declined to comment.\u003c/p>\n\u003cp>Rodriguez wrote in an initial police report about the incident that Marin was “arrested without incident,” the complaint said. But after Sgt. Ronnie Lopez sent the report back as being too vague, Rodriguez documented his use of force.\u003c/p>\n\u003cp>Lopez told Moran to obtain video footage of the arrest from the McDonald’s security camera system and canvass for witnesses, but Moran “never tried in any way to obtain the video,” nor did he look for witnesses, the complaint said.\u003c/p>\n\u003cp>https://twitter.com/__dianeedun/status/1286414043788410882\u003c/p>\n\u003cp>“No one from the department ever attempted to obtain the McDonald’s video until civilian video of the police brutality went viral, and only then did Internal Affairs seek the video,” the complaint said.\u003c/p>\n\u003cp>Marin was charged with resisting arrest, though those charges were later dropped. Sgt. Lopez viewed police body camera video on the day of the arrest and later the passerby’s video and told Internal Affairs he did not think the use of force was excessive, although he wondered if it was “really necessary,” the complaint said.\u003c/p>\n\u003cp>A CT scan of Marin at the hospital showed she had internal soft tissue damage, as well as significant external bruising.\u003c/p>\n\u003cp>Rodriguez was later charged with a misdemeanor assault under the color of authority, and his criminal trial is still pending.[aside label=\"San José Police Coverage\" tag=\"san-jose-police\"]San José Office of Employee Relations Assistant Director Allison Suggs said in an email Rodriguez is on paid leave currently, and Moran is no longer with the department.\u003c/p>\n\u003cp>Marinho argued the excessive force by Rodriguez was part of an entrenched culture problem at San José Police Department. She also noted the city was “on notice of Rodriguez and other officers’ excessive force issues and filing of false reports about resisting arrest.\u003c/p>\n\u003cp>Four days before stopping Marin, Rodriguez and Moran used \u003ca href=\"https://www.themarshallproject.org/2021/06/23/violent-encounters-with-police-send-thousands-of-people-to-the-er-every-year\">excessive force on Anthony Cho\u003c/a>, a man suspected of being connected to a stolen car investigation, Marinho wrote.\u003c/p>\n\u003cp>On July 18, 2020, Rodriguez and Moran stopped Cho, who surrendered after a short foot chase. While Cho was face down on the ground and not resisting, Moran kicked Cho in the head, and Rodriguez hit Cho with a baton on his head and body.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Cho suffered head injuries that required staples. Marinho said he complained immediately about the use of force, alerting the department to the issue. Cho later sued the city and received $200,000 in a March 2023 settlement.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Marin “was objectively not a threat in any way to these officers,” Marinho wrote.\u003c/p>\n\u003cp>When Rodriguez then ordered Marin to crawl, Marin was confused because she was “already so close to Rodriguez that if she were to get down on her hands and knees, her face would be near the officer’s feet and there would be nowhere to crawl.” She “crawled” by inching forward on her knees slowly.\u003c/p>\n\u003cp>Rodriguez allegedly told Marin, “I’m going to kick you in the f—— face,” which shocked and confused Marin, who then sat back on her heels.\u003c/p>\n\u003cp>“Only a second later, Rodriguez swiftly kicked (Marin) in the abdomen at full force, knocking the wind out of her,” Marinho wrote. Rodriguez then pushed (Marin) face down to the pavement and handcuffed her forcefully, saying ‘Why didn’t you f—— listen?’,” the complaint said.\u003c/p>\n\u003cp>The officer then “picked her up by the handcuffs and dragged her across the pavement while her 7-year-old nephew and 2-year-old niece screamed from within the car.”\u003c/p>\n\u003cp>Marin’s face, knees and ankles were “rubbed raw and bloody” from being dragged on the pavement, and her shoulders were hyperextended. She couldn’t lift her arms or bend over for days after the encounter, the complaint said, and she needed assistance getting dressed.\u003c/p>\n\u003cp>In an email to KQED, City Attorney Nora Frimann said, “We believe the settlement is fair and allows the City to avoid the risks of further litigation.”\u003c/p>\n\u003cp>Marinho and Marin declined to comment.\u003c/p>\n\u003cp>Rodriguez wrote in an initial police report about the incident that Marin was “arrested without incident,” the complaint said. But after Sgt. Ronnie Lopez sent the report back as being too vague, Rodriguez documented his use of force.\u003c/p>\n\u003cp>Lopez told Moran to obtain video footage of the arrest from the McDonald’s security camera system and canvass for witnesses, but Moran “never tried in any way to obtain the video,” nor did he look for witnesses, the complaint said.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“No one from the department ever attempted to obtain the McDonald’s video until civilian video of the police brutality went viral, and only then did Internal Affairs seek the video,” the complaint said.\u003c/p>\n\u003cp>Marin was charged with resisting arrest, though those charges were later dropped. Sgt. Lopez viewed police body camera video on the day of the arrest and later the passerby’s video and told Internal Affairs he did not think the use of force was excessive, although he wondered if it was “really necessary,” the complaint said.\u003c/p>\n\u003cp>A CT scan of Marin at the hospital showed she had internal soft tissue damage, as well as significant external bruising.\u003c/p>\n\u003cp>Rodriguez was later charged with a misdemeanor assault under the color of authority, and his criminal trial is still pending.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>San José Office of Employee Relations Assistant Director Allison Suggs said in an email Rodriguez is on paid leave currently, and Moran is no longer with the department.\u003c/p>\n\u003cp>Marinho argued the excessive force by Rodriguez was part of an entrenched culture problem at San José Police Department. She also noted the city was “on notice of Rodriguez and other officers’ excessive force issues and filing of false reports about resisting arrest.\u003c/p>\n\u003cp>Four days before stopping Marin, Rodriguez and Moran used \u003ca href=\"https://www.themarshallproject.org/2021/06/23/violent-encounters-with-police-send-thousands-of-people-to-the-er-every-year\">excessive force on Anthony Cho\u003c/a>, a man suspected of being connected to a stolen car investigation, Marinho wrote.\u003c/p>\n\u003cp>On July 18, 2020, Rodriguez and Moran stopped Cho, who surrendered after a short foot chase. While Cho was face down on the ground and not resisting, Moran kicked Cho in the head, and Rodriguez hit Cho with a baton on his head and body.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Cho suffered head injuries that required staples. Marinho said he complained immediately about the use of force, alerting the department to the issue. Cho later sued the city and received $200,000 in a March 2023 settlement.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi's Husband",
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"content": "\u003cp>\u003cem>Updated 4:30 p.m. Thursday \u003c/em>\u003c/p>\n\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a> and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>[aside label='Related Coverage' tag='david-depape']Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:30 p.m. Thursday \u003c/em>\u003c/p>\n\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a> and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "california-schools-police-calls-shed-light-on-student-safety-concerns",
"title": "California Schools' Police Calls Shed Light on Student Safety Concerns",
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"content": "\u003cp>\u003cem>Editor’s Note: This is the first in a continuing investigation into school policing in California.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Middle schooler allegedly attacks classmate twice, choking him severely. Police recommend attempted murder charges to district attorney.\u003c/em>\u003c/p>\n\u003cp>\u003cem>School staff calls police to report squirrel with injured leg in school courtyard.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Unknown man in swimsuit briefs adorned with Australian flag trespassing at high school pool. Lifeguard sees a man follow boys 9 and 12, into the locker room. Man strips, pulls back the shower curtain to see the boy and asks: “Does this make you uncomfortable?” Man flees. Police list indecent exposure and lewd acts as possible offenses.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Officer dispatched to investigate ringing school alarm. Burnt English muffin found in teachers’ lounge. \u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>From Crescent City, Weed and Alturas in the far north to Calexico and El Cajon nearly 800 miles south, all along the Pacific Coast, across the sprawling Central Valley and up into the High Sierra and down into the Mojave Desert, police are dispatched to California schools thousands of times on any given day classes are in session.\u003c/p>\n\u003cp>Reasons are myriad: Students bringing guns and knives — and even a spear and a bow and arrow — to school, sexual assaults and “perversion reports” and fights. Then there are lost keys, malfunctioning alarms, and dogs — even cattle — loose on school grounds. Once, police were called for help with a swarm of bees.\u003c/p>\n\u003cp>Cops rush to reports of students attempting suicide and overdosing on drugs, bullying, sexual assault and unwanted touching. They surveil high schoolers leaving campuses for lunch. They break up fights between parents over spots in elementary school pickup queues. They haul drunken adults from the stands at school sporting events. They once investigated a teacher’s claim that someone stole $10,000 from her classroom desk.\u003c/p>\n\u003cp>Mostly the call logs capture the anguish of youngsters with mental health challenges, victims whose nude photos are showing up on social media for all to see and parents turning to school administrators to deal with it all.\u003c/p>\n\u003cp>Such details emerged from \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/\" target=\"_blank\" rel=\"noopener\">nearly 46,000 police call logs and dispatch records EdSource obtained\u003c/a> from 164 law enforcement agencies in 57 of California’s 58 counties as part of a sweeping statewide investigation into school policing.\u003c/p>\n\u003cp>The data offered a raw, first-blush look at why school staff summon cops, reasons that sometimes lead to juvenile and adult arrests.\u003c/p>\n\u003cp>[aside postID=\"forum_2010101905485,news_11987651\" label=\"Related Stories\"]All incidents included in the police logs largely remain out of public view due to state laws that shield juveniles and allow police to withhold information on investigations. As a result, the data collected as a representative sample of the state is also clearly an undercount of what routinely occurs in California schools.\u003c/p>\n\u003cp>An EdSource analysis found that nearly a third of all calls for police were for incidents deemed serious. After consulting police experts, EdSource tagged the data with a definition for serious incidents as those that reasonably required a police presence. Included among serious incidents are those tagged as violent, which include anything involving a violent act, including self-harm.\u003c/p>\n\u003cp>The share of serious incidents increases to 4 out of 10 when police patrols are set aside. They make up about a third of all records, but most have little detail on what police were doing at or near the school.\u003c/p>\n\u003cp>The analysis also showed that high school students in districts with their own police departments are policed at a higher rate than in districts that rely on municipal police and sheriffs.\u003c/p>\n\u003ch2>School police calls across California\u003c/h2>\n\u003cp>Four years after Minneapolis police officer Derek Chauvin murdered George Floyd, igniting a national revolt and the defund-the-police movement, only about 20 of California’s 977 public school districts made significant changes to school policing.\u003c/p>\n\u003cp>Most that acted ended contracts with municipal police departments to post cops — commonly called school resource officers — in schools. And three districts that made changes reversed course and brought police back after short hiatuses.\u003c/p>\n\u003cp>EdSource’s investigation sampled records showing calls from and about schools to city and school district police departments and county sheriffs. In some cases, officers stationed in schools dispatch themselves to a problem by radioing their dispatcher. Schools without campus police often call 911. Typically, police record their activity as “patrol” or “school check,” vague descriptions that raise questions about the use of public resources.\u003c/p>\n\u003cp>Whenever a school resource officer ran along a corridor, one hand on a radio microphone, or a sheriff’s deputy raced along a country road with lights and sirens on to reach a distant rural school, they contributed to what data showed is a vast, continuing police presence in California’s pre-K to 12 public education, EdSource found.\u003c/p>\n\u003cp>The records resurfaced a debate lingering years after Floyd’s killing about how much policing schools need and if deploying armed officers does more harm than good.\u003c/p>\n\u003cp>Similarly to police debates at the municipal level, school policing can be polarizing. Across California, the issue emerges as a political divide, with some seeing the police as necessary to ensure safety and others seeing them as agents of racial injustice.\u003c/p>\n\u003cp>In 2021, the ACLU of Southern California issued a \u003ca class=\"external\" href=\"https://www.aclusocal.org/sites/default/files/field_documents/no_police_in_schools_-_report_-_aclu_-_082421.pdf\" target=\"_blank\" rel=\"noopener\">scathing report\u003c/a> that recommended an end to school policing in the Golden State, calling it “discriminatory, costly, and counterproductive.” In schools with regularly assigned cops, students across “all groups” were more likely to be arrested or referred to law enforcement, researchers found.\u003c/p>\n\u003cp>A 2020 University of Maryland study published in the journal Criminology and Public Policy, found school districts that increased policing through federal grants “did not increase school safety.” Researchers recommended improving safety through “the many alternatives” to police in schools.\u003c/p>\n\u003cp>In California, school policing is “a structure. It’s part of the budgets, it’s part of the vocabulary of the schools. It’s part of what the expectation is from the parents and the students,” said Southwestern Law School professor Jyoti Nandam, who has researched school policing for 25 years and calls it “completely unnecessary,” adding, America is the lone civilized country where it is practiced.\u003c/p>\n\u003cp>In rural California, school policing is seen as routine, allowing students to become “comfortable interacting with someone in a uniform, wearing a badge, and carrying a gun, so that as they grew older, they see those people as a friendly face, a resource that they could go to as opposed to someone that they should be afraid of,” Tulare County School Superintendent Tim Hire told EdSource. The practice is spreading in Tulare, where three small districts recently agreed to share a resource officer to travel among them.\u003c/p>\n\u003cp>Such decisions are often couched as safety matters, a vigilant effort to prevent the next school shooting and avoid the failure of Uvalde, Texas police to stop the gunman who slaughtered 19 students and two teachers in 2022.\u003c/p>\n\u003cp>When state Assemblymember Bill Essayli (R-Riverside) introduced legislation in February to require an armed police officer in each public school with more than 50 students, he described the need in base terms: “We need good guys and girls with guns, ready to act.”\u003c/p>\n\u003cp>Essayli’s idea is “a step backward,” Assembly Education Committee member Mia Bonta (D-Alameda) said at a hearing where the bill died in April. “We know it to be true that there’s a disproportionate impact on Black and brown students when police officers are in schools.”\u003c/p>\n\u003ch2>A matter of local control\u003c/h2>\n\u003cp>The state Department of Education offers no guidance or best practices, calling policing a local matter, a spokesperson said. There’s little consistency statewide in whether police are deployed in schools. Nineteen school districts have their own police departments, including Los Angeles United, which refused to release its police call data, some with only a handful of officers.\u003c/p>\n\u003cp>Los Angeles Unified cut its police department’s budget by 35% in 2020 and banned officers from being posted in schools. Following reports of escalating violence, the district recently reinstated police to two schools through mid-June. Superintendent Alberto Carvalho had informed the school board that he was planning to return police to 20 schools, but he got community and trustee backlash.\u003c/p>\n\u003cp>Oakland Unified disbanded its police department in favor of non-police staffers to keep peace in schools and respond to emergencies. Principals were trained on when to call city police only as a last resort. Still, data shows eight of the district’s 18 traditional middle and high schools combined to call city police 225 times, with nearly half of them serious, between Jan. 15 and June 30, 2023. Reasons include assault with a deadly weapon, suicide attempts, battery and terrorist/criminal threats.\u003c/p>\n\u003cp>Retired Long Beach and San Diego school Superintendent Carl Cohn, who served on the California State Board of Education from 2011 to 2018, said Oakland’s model of deploying people to talk students through peaceful resolutions of disputes can work. In the early 1990s, he ran the Long Beach schools anti-gang task force, hiring people with “street cred,” including former gang members.\u003c/p>\n\u003cp>They “could stop instantly what was going on on a campus by their mere presence,” Cohn said. “Their credibility with youngsters that might be on the verge of gang affiliation was really powerful.”\u003c/p>\n\u003cp>Yet Cohn’s “not on board with this notion of ‘let’s abandon the school police altogether.’ It’s the type of thing where ultimately there’s enough bad things from time to time happening that the safety of children has to be front and center.” Police must be well-trained, and school officials must cooperate with them, he added.\u003c/p>\n\u003cp>Shutting down the Oakland Unified police department of 11 officers and changing its policing culture is tough and ongoing, said a leader of a racial justice group that pushed for the change.\u003c/p>\n\u003cp>“There’s still the ideology of policing that exists on campus and is embedded in the infrastructure of schools that we’re also up against,” said Jessica Black, a Black Organizing Project activist. “The criminalization of young people, implicit bias, and anti-Black racist practices” still need to be confronted.\u003c/p>\n\u003cp>It was only after Floyd’s murder that Dr. Tony Moos, a physician, learned that her four children, who had each attended high school in the affluent Santa Clara County city of Los Altos, had “negative interactions” with school resources officers “that they’d kept to themselves,” she said.\u003c/p>\n\u003cp>Moos was motivated to act and got the city to examine school police practices and make changes.\u003c/p>\n\u003cp>After hearings that included a Black high school teacher saying a resource officer had once pushed her to the ground, the city pulled police from the high school. The city also replaced its police chief in 2022. The new hire, a Black woman, came with much-needed experience.\u003c/p>\n\u003ch2>Out of public view\u003c/h2>\n\u003cp>California law grants police-wide powers to withhold documents, including investigatory records, requested under the Public Records Act without revealing how many such records are being withheld. Many departments withheld from EdSource some — or even all — of the school calls they received.\u003c/p>\n\u003cp>The same is true about what information police can reveal in news releases or public statements about individual school incidents, especially involving juveniles. The public is often then not informed about police activity in schools.\u003c/p>\n\u003cp>That means that the serious incidents — weapons, death threats, rapes, assaults, fights, drugs — that police are responding to in 3 out of 10 calls often remain confidential.\u003c/p>\n\u003cp>Police in Crescent City, Del Norte County, for example, didn’t release information about the attempted murder of a student at Crescent Elk Middle School by a classmate who allegedly repeatedly choked him on Jan. 23, 2023, until EdSource asked about the incident more than a year later.\u003c/p>\n\u003cp>When EdSource asked police in Avenal, Kings County to elaborate on a call record of a late-night report of “shots fired” at the city’s high school, a lawyer responded claiming the information was exempt from disclosure.\u003c/p>\n\u003cp>“The problem is that (the exemptions) apply to virtually everything law enforcement does. They never expire. So, every police report is potentially covered by the investigatory records exemption,” said David Loy, legal director of the First Amendment Coalition, an open government group. The lack of disclosure of police activity in schools makes it all the harder to determine what the correct level of policing should be, he added.\u003c/p>\n\u003cp>Given the importance of the issue, the lack of information is troubling, Loy said. The debate over school policing “should be held on the basis of full and complete data and not driven by anecdote.”\u003c/p>\n\u003ch2>A day of policing\u003c/h2>\n\u003cp>The one-day record of police responding to a school for serious incidents was 10, the data sample shows.\u003c/p>\n\u003cp>That was May 17, 2023, at \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/15737421531367\" target=\"_blank\" rel=\"noopener\">Burroughs High School\u003c/a> in the Sierra Sands Unified School District in Ridgecrest, a desert city of 28,000 in eastern Kern County near Death Valley.\u003c/p>\n\u003cp>The first occurred at 8:38 a.m. when a school resource officer arrested a student for battery and released him to his parents. District Assistant Superintendent Brian Auld, who’s in charge of security, told EdSource the student “didn’t even go to the police station.”\u003c/p>\n\u003cp>That was followed at 9:09 a.m. by reports of two students who appeared to be under the influence of drugs. They were evaluated and returned to class. Another report of two students apparently under the influence came in at 10:26 a.m. One student was impaired and released to their parents, Auld said.\u003c/p>\n\u003cp>Less than 10 minutes later, the resource officer responded to a student in “mental distress” who was taken for a psychological evaluation.\u003c/p>\n\u003cp>At 1:23 p.m., police were alerted to a terrorist threat that ended up involving a student threatening to beat up someone, Auld said.\u003c/p>\n\u003cp>About 20 minutes later, two girls began fighting in art class.\u003c/p>\n\u003cp>One grabbed what Auld called “an art project” — apparently a ceramic object — and allegedly swung it at the other girl’s head. Police called it assault with a deadly weapon, arresting the aggressor. “Deadly weapon sounds like a knife or a gun. The officer made the decision that (the object) could have done serious bodily harm,” Auld said. “I’m not downplaying it.”\u003c/p>\n\u003cp>At 3:14 p.m. a report of disturbing the peace came in. No details were provided.\u003c/p>\n\u003cp>At 10:26 p.m., a vandalism report to the police turned out to be benign — police found that soon-to-graduate seniors had decorated the school with toilet paper.\u003c/p>\n\u003cp>Ridgecrest is “a unique, isolated community” near a military base. The school district considers its relationship with the police as a successful partnership, Auld said.\u003c/p>\n\u003cp>District officials “have some, or even total, discretion regarding whether or not an arrest is made,” he added. The district has 15 counselors, mental health therapists and a registered behavioral therapist, Auld said. It’s also implementing restorative practices and social-emotional learning to “change behaviors before they result in suspensions, expulsions and arrests.”\u003c/p>\n\u003ch2>The Kings of calls\u003c/h2>\n\u003cp>The most total call and dispatch records in the data for one school that relies on calling 911 was \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/16639821635606\" target=\"_blank\" rel=\"noopener\">Lemoore High School\u003c/a>, in Lemoore, a city of 26,600 in Kings County with 471 calls over a nearly six-month period.\u003c/p>\n\u003cp>Lemoore police, which refers to school police as youth development officers, provided scant detail on the reasons for the calls, listing hundreds in records as premises checks.\u003c/p>\n\u003cp>In an interview, Lt. Alvaro Santos, who supervises Lemoore’s school policing, attributed the numbers to the department’s practice of having all available officers “drop what they’re doing” during the times students arrive at school and leave for lunch and later go home, basically surrounding the buildings, some on side streets out of view of students.\u003c/p>\n\u003cp>“They’re around the school. They could be either parked on a side street or they could be driving by looking for vehicle code violations or anything that would pose a danger to the students,” Santos said. He said the schools are near a main road through the city and that there are concerns about drunk drivers in the area.\u003c/p>\n\u003ch2>More serious calls\u003c/h2>\n\u003cp>Sampled data shows that middle schools have a higher rate of serious incidents reported to police than high schools. At \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/41689990136093\" target=\"_blank\" rel=\"noopener\">Cesar Chavez Middle School\u003c/a>, in East Palo Alto, 41% of calls to police reported violent incidents, threats and sexual misconduct, data shows.\u003c/p>\n\u003cp>In one of two calls that East Palo Alto police labeled “perversion report,” a student allegedly used a phone to make “a TikTok” of another girl using the restroom, according to a recording of a heavily redacted 911 call to police from a school official. Police refused to release any details.\u003c/p>\n\u003cp>Fresno’s \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/10621660129338\" target=\"_blank\" rel=\"noopener\">Gaston Middle School\u003c/a> is in a neighborhood plagued by violence, gangs and drugs, all of which follow students through the school doors, both police and Fresno Unified Superintendent Bob Nelson said.\u003c/p>\n\u003cfigure id=\"attachment_11989267\" class=\"wp-caption aligncenter\" style=\"max-width: 2528px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989267\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55%E2%80%AFPM.png\" alt=\"A police vehicle is parked on dirt with children playing basketball in the background.\" width=\"2528\" height=\"1604\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM.png 2528w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-800x508.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1020x647.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-160x102.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1536x975.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-2048x1299.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1920x1218.png 1920w\" sizes=\"(max-width: 2528px) 100vw, 2528px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Students at Encore High School play basketball as a San Bernardino County Sheriff deputy parks outside of the school Sept. 22, 2016 in Hesperia. \u003ccite>(James Quigg/The Daily Press via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I would love for there to be no acts of any physical harm on another person, but that’s impossible,” Sgt. Anthony Alvarado said.\u003c/p>\n\u003cp>Fresno Unified has been debating what level of policing to have in its schools for several years. In 2020 police were pulled from the district’s middle schools but remained in high schools. After several violent incidents, police were returned to some middle schools in 2022 and the rest in 2023.\u003c/p>\n\u003ch2>School “feels like a prison”\u003c/h2>\n\u003cp>The daily presence of Kern High School District police at Mira Monte High in Bakersfield “feels ghetto,” sophomore Jose Delgado said.\u003c/p>\n\u003cp>The school “feels like a prison. It’s like they don’t trust us at all.”\u003c/p>\n\u003cp>Still, Delgado said, he understands the need for police, noting a lot of fights at the school. “It’s for the best, but it makes us feel ghetto.”\u003c/p>\n\u003cp>\u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/15635290116400\" target=\"_blank\" rel=\"noopener\">Data shows 163 police call records at Delgado’s school\u003c/a> for the five-and-a-half-month period. They describe incidents including assault with a deadly weapon, an irate parent, out-of-control juveniles and resisting a police officer.\u003c/p>\n\u003cp>Delgado’s sense of school as a prison and not being trusted are among the reasons why the negatives of school policing “completely outweigh the positives,” Nandam, the Southwestern Law School professor said.\u003c/p>\n\u003cp>The students who police typically interact with “are not the children that are doing well in school,” Nandam said. “Part of why there isn’t an outrage, a global outrage, is because it’s not impacting the people that are in power, the people who have agency.”\u003c/p>\n\u003cp>Children seeing police in schools can be akin to going to an airport and encountering armed officers at a security checkpoint, said University of Florida education professor Chris Curran, who has studied school policing extensively. “It’s natural to wonder what’s wrong, why are there people with guns?” he said. “You find yourself saying, ‘What do I not know about? What’s this danger that has necessitated assault rifles?’”\u003c/p>\n\u003ch2>No state guidance\u003c/h2>\n\u003cp>When he was a state Assembly member in 2020, California Attorney General Rob Bonta, Assemblymember Mia Bonta’s spouse, clearly came down on the side of removing police from schools when he spoke at a forum after Floyd’s murder.\u003c/p>\n\u003cp>“It’s just really important to call out this incredible moment,” he said, lauding districts, including Oakland, that ended policing. “There’s a general dehumanization of children of color, a belief that they need to be surveilled and monitored and watched and policed.”\u003c/p>\n\u003cfigure id=\"attachment_11989269\" class=\"wp-caption aligncenter\" style=\"max-width: 2594px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989269\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40%E2%80%AFPM.png\" alt=\"A Black man wearing a suit gestures with his hands in front of a microphone.\" width=\"2594\" height=\"1594\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM.png 2594w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-800x492.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1020x627.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1536x944.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-2048x1258.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1920x1180.png 1920w\" sizes=\"(max-width: 2594px) 100vw, 2594px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Superintendent of Public Instruction Tony Thurmond. \u003ccite>(Andrew Reed/EdSource)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The outcomes don’t make our students safer,” he said. School policing is “not achieving what we’re seeking,” \u003ca class=\"external\" href=\"https://www.facebook.com/CAEducation/videos/288417659174199\" target=\"_blank\" rel=\"noopener\">a video of the forum\u003c/a> shows. It was hosted by State Superintendent of Public Instruction Tony Thurmond.\u003c/p>\n\u003cp>Asked recently if Bonta’s position on school policing as the state’s top law enforcement officer mirrors what he said in 2020, his press secretary replied “no” via email.\u003c/p>\n\u003cp>Bonta, who’s expected to enter the 2026 governor’s race, “has always believed that there isn’t a one-size-fits-all solution for school safety and that schools need to work towards data-driven policies that fit their community,” Alexandra Duquet wrote.\u003c/p>\n\u003cp>“School resource officers can be an important component of ensuring students and school personnel safety,” Duquet wrote. “Their primary focus should be ensuring the safety of all on-campus — not discipline — and they be given tools such as implicit bias training that ensure the equitable treatment of all students.”\u003c/p>\n\u003cp>Thurmond, \u003ca class=\"external\" href=\"https://apnews.com/article/california-governor-tony-thurmond-education-schools-e31cbf14dbec595f962b615bb8704915\" target=\"_blank\" rel=\"noopener\">a declared 2026 gubernatorial candidate\u003c/a>, took no position on school policing during the forum. He recently told EdSource that he favors “well-trained school resource officers to handle serious situations.” He also called for “more training of school staff so they’re not calling police for something that’s a student discipline matter.”\u003c/p>\n\u003cp>Thurmond also said that during his time as a member of the West Contra Costa Unified School District board from 2008–12, he saw police officers help students, calling them “some of the best social workers I’ve worked with.”\u003c/p>\n\u003cp>State Sen. Nancy Skinner (D-Berkeley) who during Thurmond’s forum praised Oakland’s shuttering of its school police department, said in an interview that school districts should consider alternatives to police the way some cities have started using trained civilians to respond to 911 mental-health-crisis calls.\u003c/p>\n\u003cfigure id=\"attachment_11989270\" class=\"wp-caption aligncenter\" style=\"max-width: 2388px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989270\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48%E2%80%AFPM.png\" alt=\"A white woman wearing glasses and a white jacket holds a piece of paper and speaks into a microphone in a room.\" width=\"2388\" height=\"1608\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM.png 2388w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-800x539.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1020x687.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-160x108.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1536x1034.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-2048x1379.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1920x1293.png 1920w\" sizes=\"(max-width: 2388px) 100vw, 2388px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Sen. Nancy Skinner, D-Berkeley. \u003ccite>(Rich Pedroncelli/The Associated Press)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Kids are emotional. Kids don’t have impulse control the way adults should, and to bring an officer in, especially since all of our officers are armed, can, rather than defuse the situation, make it worse,” Skinner said. Kids can act out what they experience at home or on the street, she added.\u003c/p>\n\u003cp>Skinner, the author of several major police accountability bills, also said she saw value in the data EdSource obtained and published.\u003c/p>\n\u003cp>Police logs can help officials decide if civilian staff should deal with more school incidents at a time when California’s \u003ca class=\"external\" href=\"https://www.mercurynews.com/2024/01/09/even-at-112000-starting-pay-fewer-people-want-to-be-cops/\" target=\"_blank\" rel=\"noopener\">suffering a police shortage\u003c/a>, she said. That could leave sworn officers available for “real public safety needs. We never want to prevent a school from calling 911 if that’s needed. However, there might be some appropriate guidelines or boundaries that cities and schools could work out.”\u003c/p>\n\u003ch2>Stopping a police chase\u003c/h2>\n\u003cp>The executive director of the Alabama-based National Association of School Resource Officers, Mo Candy, a retired cop, said districts would be mistaken to remove resource officers from campuses. Police will always be needed to respond to schools, and “we need for students and faculty to be able to feel like this officer is more than just a law enforcement officer, that they really are another trusted adult in that school environment.” A trained and well-known officer, “may be the person who comes into a situation with the coolest head,” he said.\u003c/p>\n\u003cp>Loretta Whitson, executive director of the California School Counselors Association, has seen what can happen when police approach a student situation lacking the cool-headedness Candy described.\u003c/p>\n\u003cp>As a school counselor in the Monrovia Unified School District in Los Angeles County, she once worked with a child who ran away from school multiple times. Finally, an exacerbated principal called the police, who chased after the student.\u003c/p>\n\u003cp>“The principal didn’t stop them. I felt as (officers) went on in their rant this kid is getting more damaged. So, I said, ‘Stop, stop,”’ Whitson said. “We already had a very damaged kid, and this wasn’t helping.” The student was later found to need special education services, she said.\u003c/p>\n\u003cp>Tom Nolan, a retired Boston police lieutenant turned sociologist who’s taught at several universities and studied school policing, said when law enforcement officers are called into a school situation, “they become the shot callers,” deciding what to do whether it is in the child’s best interest or not. Too often, principals are calling them for minor problems like lost keys and disciplinary matters, he said.\u003c/p>\n\u003cp>“The research is unequivocal in demonstrating that the police coming into schools, or police being assigned to schools, is almost always a bad idea. It has bad outcomes for children. It has bad outcomes for school safety.”\u003c/p>\n\u003cp>Nolan said police are not school counselors and shouldn’t play that role. “That’s something that’s a very specific skill set that is attained through years of graduate level study by mental health practitioners and clinicians.”\u003c/p>\n\u003cp>The California Police Chiefs Association declined to make anyone from its leadership available for an interview. In an email, its executive director described school policing as a matter best discussed at local levels.\u003c/p>\n\u003cp>Brian Marvel, president of the Peace Officers Research Association of California, a powerful federation of police unions, wasn’t available for an interview, a spokesperson said. In a statement, Marvel, a San Diego police officer, said cops assigned to schools “play an important role in” schools. They act as “educators, emergency/crisis managers, first responders, informal counselors, mentors, and model the kind of behavior that builds trust and respect between law enforcement and the communities they serve.”\u003c/p>\n\u003cp>Data shows that sometimes, regardless of who might be available to counsel or advise a student, one may just do something dumb, like putting a death threat in writing.\u003c/p>\n\u003cp>On June 15, 2023, James Morris, the county administrator who also acts as Inglewood Unified superintendent, received a death threat via email, police call records show. Morris, a veteran administrator, was brought on to lift Inglewood out of years of state receivership because of fiscal woes.\u003c/p>\n\u003cp>“I can just say, generally, it was a student,” Morris said when asked about the threat. Police took a report, but Morris said he didn’t want charges filed.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I’ve been doing this for 44 years. It takes a lot to rattle me,” he said. “It was a young person who just needed help.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Editor’s Note: This is the first in a continuing investigation into school policing in California.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Middle schooler allegedly attacks classmate twice, choking him severely. Police recommend attempted murder charges to district attorney.\u003c/em>\u003c/p>\n\u003cp>\u003cem>School staff calls police to report squirrel with injured leg in school courtyard.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Unknown man in swimsuit briefs adorned with Australian flag trespassing at high school pool. Lifeguard sees a man follow boys 9 and 12, into the locker room. Man strips, pulls back the shower curtain to see the boy and asks: “Does this make you uncomfortable?” Man flees. Police list indecent exposure and lewd acts as possible offenses.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Officer dispatched to investigate ringing school alarm. Burnt English muffin found in teachers’ lounge. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>From Crescent City, Weed and Alturas in the far north to Calexico and El Cajon nearly 800 miles south, all along the Pacific Coast, across the sprawling Central Valley and up into the High Sierra and down into the Mojave Desert, police are dispatched to California schools thousands of times on any given day classes are in session.\u003c/p>\n\u003cp>Reasons are myriad: Students bringing guns and knives — and even a spear and a bow and arrow — to school, sexual assaults and “perversion reports” and fights. Then there are lost keys, malfunctioning alarms, and dogs — even cattle — loose on school grounds. Once, police were called for help with a swarm of bees.\u003c/p>\n\u003cp>Cops rush to reports of students attempting suicide and overdosing on drugs, bullying, sexual assault and unwanted touching. They surveil high schoolers leaving campuses for lunch. They break up fights between parents over spots in elementary school pickup queues. They haul drunken adults from the stands at school sporting events. They once investigated a teacher’s claim that someone stole $10,000 from her classroom desk.\u003c/p>\n\u003cp>Mostly the call logs capture the anguish of youngsters with mental health challenges, victims whose nude photos are showing up on social media for all to see and parents turning to school administrators to deal with it all.\u003c/p>\n\u003cp>Such details emerged from \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/\" target=\"_blank\" rel=\"noopener\">nearly 46,000 police call logs and dispatch records EdSource obtained\u003c/a> from 164 law enforcement agencies in 57 of California’s 58 counties as part of a sweeping statewide investigation into school policing.\u003c/p>\n\u003cp>The data offered a raw, first-blush look at why school staff summon cops, reasons that sometimes lead to juvenile and adult arrests.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>All incidents included in the police logs largely remain out of public view due to state laws that shield juveniles and allow police to withhold information on investigations. As a result, the data collected as a representative sample of the state is also clearly an undercount of what routinely occurs in California schools.\u003c/p>\n\u003cp>An EdSource analysis found that nearly a third of all calls for police were for incidents deemed serious. After consulting police experts, EdSource tagged the data with a definition for serious incidents as those that reasonably required a police presence. Included among serious incidents are those tagged as violent, which include anything involving a violent act, including self-harm.\u003c/p>\n\u003cp>The share of serious incidents increases to 4 out of 10 when police patrols are set aside. They make up about a third of all records, but most have little detail on what police were doing at or near the school.\u003c/p>\n\u003cp>The analysis also showed that high school students in districts with their own police departments are policed at a higher rate than in districts that rely on municipal police and sheriffs.\u003c/p>\n\u003ch2>School police calls across California\u003c/h2>\n\u003cp>Four years after Minneapolis police officer Derek Chauvin murdered George Floyd, igniting a national revolt and the defund-the-police movement, only about 20 of California’s 977 public school districts made significant changes to school policing.\u003c/p>\n\u003cp>Most that acted ended contracts with municipal police departments to post cops — commonly called school resource officers — in schools. And three districts that made changes reversed course and brought police back after short hiatuses.\u003c/p>\n\u003cp>EdSource’s investigation sampled records showing calls from and about schools to city and school district police departments and county sheriffs. In some cases, officers stationed in schools dispatch themselves to a problem by radioing their dispatcher. Schools without campus police often call 911. Typically, police record their activity as “patrol” or “school check,” vague descriptions that raise questions about the use of public resources.\u003c/p>\n\u003cp>Whenever a school resource officer ran along a corridor, one hand on a radio microphone, or a sheriff’s deputy raced along a country road with lights and sirens on to reach a distant rural school, they contributed to what data showed is a vast, continuing police presence in California’s pre-K to 12 public education, EdSource found.\u003c/p>\n\u003cp>The records resurfaced a debate lingering years after Floyd’s killing about how much policing schools need and if deploying armed officers does more harm than good.\u003c/p>\n\u003cp>Similarly to police debates at the municipal level, school policing can be polarizing. Across California, the issue emerges as a political divide, with some seeing the police as necessary to ensure safety and others seeing them as agents of racial injustice.\u003c/p>\n\u003cp>In 2021, the ACLU of Southern California issued a \u003ca class=\"external\" href=\"https://www.aclusocal.org/sites/default/files/field_documents/no_police_in_schools_-_report_-_aclu_-_082421.pdf\" target=\"_blank\" rel=\"noopener\">scathing report\u003c/a> that recommended an end to school policing in the Golden State, calling it “discriminatory, costly, and counterproductive.” In schools with regularly assigned cops, students across “all groups” were more likely to be arrested or referred to law enforcement, researchers found.\u003c/p>\n\u003cp>A 2020 University of Maryland study published in the journal Criminology and Public Policy, found school districts that increased policing through federal grants “did not increase school safety.” Researchers recommended improving safety through “the many alternatives” to police in schools.\u003c/p>\n\u003cp>In California, school policing is “a structure. It’s part of the budgets, it’s part of the vocabulary of the schools. It’s part of what the expectation is from the parents and the students,” said Southwestern Law School professor Jyoti Nandam, who has researched school policing for 25 years and calls it “completely unnecessary,” adding, America is the lone civilized country where it is practiced.\u003c/p>\n\u003cp>In rural California, school policing is seen as routine, allowing students to become “comfortable interacting with someone in a uniform, wearing a badge, and carrying a gun, so that as they grew older, they see those people as a friendly face, a resource that they could go to as opposed to someone that they should be afraid of,” Tulare County School Superintendent Tim Hire told EdSource. The practice is spreading in Tulare, where three small districts recently agreed to share a resource officer to travel among them.\u003c/p>\n\u003cp>Such decisions are often couched as safety matters, a vigilant effort to prevent the next school shooting and avoid the failure of Uvalde, Texas police to stop the gunman who slaughtered 19 students and two teachers in 2022.\u003c/p>\n\u003cp>When state Assemblymember Bill Essayli (R-Riverside) introduced legislation in February to require an armed police officer in each public school with more than 50 students, he described the need in base terms: “We need good guys and girls with guns, ready to act.”\u003c/p>\n\u003cp>Essayli’s idea is “a step backward,” Assembly Education Committee member Mia Bonta (D-Alameda) said at a hearing where the bill died in April. “We know it to be true that there’s a disproportionate impact on Black and brown students when police officers are in schools.”\u003c/p>\n\u003ch2>A matter of local control\u003c/h2>\n\u003cp>The state Department of Education offers no guidance or best practices, calling policing a local matter, a spokesperson said. There’s little consistency statewide in whether police are deployed in schools. Nineteen school districts have their own police departments, including Los Angeles United, which refused to release its police call data, some with only a handful of officers.\u003c/p>\n\u003cp>Los Angeles Unified cut its police department’s budget by 35% in 2020 and banned officers from being posted in schools. Following reports of escalating violence, the district recently reinstated police to two schools through mid-June. Superintendent Alberto Carvalho had informed the school board that he was planning to return police to 20 schools, but he got community and trustee backlash.\u003c/p>\n\u003cp>Oakland Unified disbanded its police department in favor of non-police staffers to keep peace in schools and respond to emergencies. Principals were trained on when to call city police only as a last resort. Still, data shows eight of the district’s 18 traditional middle and high schools combined to call city police 225 times, with nearly half of them serious, between Jan. 15 and June 30, 2023. Reasons include assault with a deadly weapon, suicide attempts, battery and terrorist/criminal threats.\u003c/p>\n\u003cp>Retired Long Beach and San Diego school Superintendent Carl Cohn, who served on the California State Board of Education from 2011 to 2018, said Oakland’s model of deploying people to talk students through peaceful resolutions of disputes can work. In the early 1990s, he ran the Long Beach schools anti-gang task force, hiring people with “street cred,” including former gang members.\u003c/p>\n\u003cp>They “could stop instantly what was going on on a campus by their mere presence,” Cohn said. “Their credibility with youngsters that might be on the verge of gang affiliation was really powerful.”\u003c/p>\n\u003cp>Yet Cohn’s “not on board with this notion of ‘let’s abandon the school police altogether.’ It’s the type of thing where ultimately there’s enough bad things from time to time happening that the safety of children has to be front and center.” Police must be well-trained, and school officials must cooperate with them, he added.\u003c/p>\n\u003cp>Shutting down the Oakland Unified police department of 11 officers and changing its policing culture is tough and ongoing, said a leader of a racial justice group that pushed for the change.\u003c/p>\n\u003cp>“There’s still the ideology of policing that exists on campus and is embedded in the infrastructure of schools that we’re also up against,” said Jessica Black, a Black Organizing Project activist. “The criminalization of young people, implicit bias, and anti-Black racist practices” still need to be confronted.\u003c/p>\n\u003cp>It was only after Floyd’s murder that Dr. Tony Moos, a physician, learned that her four children, who had each attended high school in the affluent Santa Clara County city of Los Altos, had “negative interactions” with school resources officers “that they’d kept to themselves,” she said.\u003c/p>\n\u003cp>Moos was motivated to act and got the city to examine school police practices and make changes.\u003c/p>\n\u003cp>After hearings that included a Black high school teacher saying a resource officer had once pushed her to the ground, the city pulled police from the high school. The city also replaced its police chief in 2022. The new hire, a Black woman, came with much-needed experience.\u003c/p>\n\u003ch2>Out of public view\u003c/h2>\n\u003cp>California law grants police-wide powers to withhold documents, including investigatory records, requested under the Public Records Act without revealing how many such records are being withheld. Many departments withheld from EdSource some — or even all — of the school calls they received.\u003c/p>\n\u003cp>The same is true about what information police can reveal in news releases or public statements about individual school incidents, especially involving juveniles. The public is often then not informed about police activity in schools.\u003c/p>\n\u003cp>That means that the serious incidents — weapons, death threats, rapes, assaults, fights, drugs — that police are responding to in 3 out of 10 calls often remain confidential.\u003c/p>\n\u003cp>Police in Crescent City, Del Norte County, for example, didn’t release information about the attempted murder of a student at Crescent Elk Middle School by a classmate who allegedly repeatedly choked him on Jan. 23, 2023, until EdSource asked about the incident more than a year later.\u003c/p>\n\u003cp>When EdSource asked police in Avenal, Kings County to elaborate on a call record of a late-night report of “shots fired” at the city’s high school, a lawyer responded claiming the information was exempt from disclosure.\u003c/p>\n\u003cp>“The problem is that (the exemptions) apply to virtually everything law enforcement does. They never expire. So, every police report is potentially covered by the investigatory records exemption,” said David Loy, legal director of the First Amendment Coalition, an open government group. The lack of disclosure of police activity in schools makes it all the harder to determine what the correct level of policing should be, he added.\u003c/p>\n\u003cp>Given the importance of the issue, the lack of information is troubling, Loy said. The debate over school policing “should be held on the basis of full and complete data and not driven by anecdote.”\u003c/p>\n\u003ch2>A day of policing\u003c/h2>\n\u003cp>The one-day record of police responding to a school for serious incidents was 10, the data sample shows.\u003c/p>\n\u003cp>That was May 17, 2023, at \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/15737421531367\" target=\"_blank\" rel=\"noopener\">Burroughs High School\u003c/a> in the Sierra Sands Unified School District in Ridgecrest, a desert city of 28,000 in eastern Kern County near Death Valley.\u003c/p>\n\u003cp>The first occurred at 8:38 a.m. when a school resource officer arrested a student for battery and released him to his parents. District Assistant Superintendent Brian Auld, who’s in charge of security, told EdSource the student “didn’t even go to the police station.”\u003c/p>\n\u003cp>That was followed at 9:09 a.m. by reports of two students who appeared to be under the influence of drugs. They were evaluated and returned to class. Another report of two students apparently under the influence came in at 10:26 a.m. One student was impaired and released to their parents, Auld said.\u003c/p>\n\u003cp>Less than 10 minutes later, the resource officer responded to a student in “mental distress” who was taken for a psychological evaluation.\u003c/p>\n\u003cp>At 1:23 p.m., police were alerted to a terrorist threat that ended up involving a student threatening to beat up someone, Auld said.\u003c/p>\n\u003cp>About 20 minutes later, two girls began fighting in art class.\u003c/p>\n\u003cp>One grabbed what Auld called “an art project” — apparently a ceramic object — and allegedly swung it at the other girl’s head. Police called it assault with a deadly weapon, arresting the aggressor. “Deadly weapon sounds like a knife or a gun. The officer made the decision that (the object) could have done serious bodily harm,” Auld said. “I’m not downplaying it.”\u003c/p>\n\u003cp>At 3:14 p.m. a report of disturbing the peace came in. No details were provided.\u003c/p>\n\u003cp>At 10:26 p.m., a vandalism report to the police turned out to be benign — police found that soon-to-graduate seniors had decorated the school with toilet paper.\u003c/p>\n\u003cp>Ridgecrest is “a unique, isolated community” near a military base. The school district considers its relationship with the police as a successful partnership, Auld said.\u003c/p>\n\u003cp>District officials “have some, or even total, discretion regarding whether or not an arrest is made,” he added. The district has 15 counselors, mental health therapists and a registered behavioral therapist, Auld said. It’s also implementing restorative practices and social-emotional learning to “change behaviors before they result in suspensions, expulsions and arrests.”\u003c/p>\n\u003ch2>The Kings of calls\u003c/h2>\n\u003cp>The most total call and dispatch records in the data for one school that relies on calling 911 was \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/16639821635606\" target=\"_blank\" rel=\"noopener\">Lemoore High School\u003c/a>, in Lemoore, a city of 26,600 in Kings County with 471 calls over a nearly six-month period.\u003c/p>\n\u003cp>Lemoore police, which refers to school police as youth development officers, provided scant detail on the reasons for the calls, listing hundreds in records as premises checks.\u003c/p>\n\u003cp>In an interview, Lt. Alvaro Santos, who supervises Lemoore’s school policing, attributed the numbers to the department’s practice of having all available officers “drop what they’re doing” during the times students arrive at school and leave for lunch and later go home, basically surrounding the buildings, some on side streets out of view of students.\u003c/p>\n\u003cp>“They’re around the school. They could be either parked on a side street or they could be driving by looking for vehicle code violations or anything that would pose a danger to the students,” Santos said. He said the schools are near a main road through the city and that there are concerns about drunk drivers in the area.\u003c/p>\n\u003ch2>More serious calls\u003c/h2>\n\u003cp>Sampled data shows that middle schools have a higher rate of serious incidents reported to police than high schools. At \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/41689990136093\" target=\"_blank\" rel=\"noopener\">Cesar Chavez Middle School\u003c/a>, in East Palo Alto, 41% of calls to police reported violent incidents, threats and sexual misconduct, data shows.\u003c/p>\n\u003cp>In one of two calls that East Palo Alto police labeled “perversion report,” a student allegedly used a phone to make “a TikTok” of another girl using the restroom, according to a recording of a heavily redacted 911 call to police from a school official. Police refused to release any details.\u003c/p>\n\u003cp>Fresno’s \u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/10621660129338\" target=\"_blank\" rel=\"noopener\">Gaston Middle School\u003c/a> is in a neighborhood plagued by violence, gangs and drugs, all of which follow students through the school doors, both police and Fresno Unified Superintendent Bob Nelson said.\u003c/p>\n\u003cfigure id=\"attachment_11989267\" class=\"wp-caption aligncenter\" style=\"max-width: 2528px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989267\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55%E2%80%AFPM.png\" alt=\"A police vehicle is parked on dirt with children playing basketball in the background.\" width=\"2528\" height=\"1604\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM.png 2528w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-800x508.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1020x647.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-160x102.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1536x975.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-2048x1299.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.05.55 PM-1920x1218.png 1920w\" sizes=\"(max-width: 2528px) 100vw, 2528px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Students at Encore High School play basketball as a San Bernardino County Sheriff deputy parks outside of the school Sept. 22, 2016 in Hesperia. \u003ccite>(James Quigg/The Daily Press via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I would love for there to be no acts of any physical harm on another person, but that’s impossible,” Sgt. Anthony Alvarado said.\u003c/p>\n\u003cp>Fresno Unified has been debating what level of policing to have in its schools for several years. In 2020 police were pulled from the district’s middle schools but remained in high schools. After several violent incidents, police were returned to some middle schools in 2022 and the rest in 2023.\u003c/p>\n\u003ch2>School “feels like a prison”\u003c/h2>\n\u003cp>The daily presence of Kern High School District police at Mira Monte High in Bakersfield “feels ghetto,” sophomore Jose Delgado said.\u003c/p>\n\u003cp>The school “feels like a prison. It’s like they don’t trust us at all.”\u003c/p>\n\u003cp>Still, Delgado said, he understands the need for police, noting a lot of fights at the school. “It’s for the best, but it makes us feel ghetto.”\u003c/p>\n\u003cp>\u003ca class=\"external\" href=\"https://callingthecops.edsource.org/school/15635290116400\" target=\"_blank\" rel=\"noopener\">Data shows 163 police call records at Delgado’s school\u003c/a> for the five-and-a-half-month period. They describe incidents including assault with a deadly weapon, an irate parent, out-of-control juveniles and resisting a police officer.\u003c/p>\n\u003cp>Delgado’s sense of school as a prison and not being trusted are among the reasons why the negatives of school policing “completely outweigh the positives,” Nandam, the Southwestern Law School professor said.\u003c/p>\n\u003cp>The students who police typically interact with “are not the children that are doing well in school,” Nandam said. “Part of why there isn’t an outrage, a global outrage, is because it’s not impacting the people that are in power, the people who have agency.”\u003c/p>\n\u003cp>Children seeing police in schools can be akin to going to an airport and encountering armed officers at a security checkpoint, said University of Florida education professor Chris Curran, who has studied school policing extensively. “It’s natural to wonder what’s wrong, why are there people with guns?” he said. “You find yourself saying, ‘What do I not know about? What’s this danger that has necessitated assault rifles?’”\u003c/p>\n\u003ch2>No state guidance\u003c/h2>\n\u003cp>When he was a state Assembly member in 2020, California Attorney General Rob Bonta, Assemblymember Mia Bonta’s spouse, clearly came down on the side of removing police from schools when he spoke at a forum after Floyd’s murder.\u003c/p>\n\u003cp>“It’s just really important to call out this incredible moment,” he said, lauding districts, including Oakland, that ended policing. “There’s a general dehumanization of children of color, a belief that they need to be surveilled and monitored and watched and policed.”\u003c/p>\n\u003cfigure id=\"attachment_11989269\" class=\"wp-caption aligncenter\" style=\"max-width: 2594px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989269\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40%E2%80%AFPM.png\" alt=\"A Black man wearing a suit gestures with his hands in front of a microphone.\" width=\"2594\" height=\"1594\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM.png 2594w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-800x492.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1020x627.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1536x944.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-2048x1258.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.40 PM-1920x1180.png 1920w\" sizes=\"(max-width: 2594px) 100vw, 2594px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Superintendent of Public Instruction Tony Thurmond. \u003ccite>(Andrew Reed/EdSource)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The outcomes don’t make our students safer,” he said. School policing is “not achieving what we’re seeking,” \u003ca class=\"external\" href=\"https://www.facebook.com/CAEducation/videos/288417659174199\" target=\"_blank\" rel=\"noopener\">a video of the forum\u003c/a> shows. It was hosted by State Superintendent of Public Instruction Tony Thurmond.\u003c/p>\n\u003cp>Asked recently if Bonta’s position on school policing as the state’s top law enforcement officer mirrors what he said in 2020, his press secretary replied “no” via email.\u003c/p>\n\u003cp>Bonta, who’s expected to enter the 2026 governor’s race, “has always believed that there isn’t a one-size-fits-all solution for school safety and that schools need to work towards data-driven policies that fit their community,” Alexandra Duquet wrote.\u003c/p>\n\u003cp>“School resource officers can be an important component of ensuring students and school personnel safety,” Duquet wrote. “Their primary focus should be ensuring the safety of all on-campus — not discipline — and they be given tools such as implicit bias training that ensure the equitable treatment of all students.”\u003c/p>\n\u003cp>Thurmond, \u003ca class=\"external\" href=\"https://apnews.com/article/california-governor-tony-thurmond-education-schools-e31cbf14dbec595f962b615bb8704915\" target=\"_blank\" rel=\"noopener\">a declared 2026 gubernatorial candidate\u003c/a>, took no position on school policing during the forum. He recently told EdSource that he favors “well-trained school resource officers to handle serious situations.” He also called for “more training of school staff so they’re not calling police for something that’s a student discipline matter.”\u003c/p>\n\u003cp>Thurmond also said that during his time as a member of the West Contra Costa Unified School District board from 2008–12, he saw police officers help students, calling them “some of the best social workers I’ve worked with.”\u003c/p>\n\u003cp>State Sen. Nancy Skinner (D-Berkeley) who during Thurmond’s forum praised Oakland’s shuttering of its school police department, said in an interview that school districts should consider alternatives to police the way some cities have started using trained civilians to respond to 911 mental-health-crisis calls.\u003c/p>\n\u003cfigure id=\"attachment_11989270\" class=\"wp-caption aligncenter\" style=\"max-width: 2388px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48%E2%80%AFPM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989270\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48%E2%80%AFPM.png\" alt=\"A white woman wearing glasses and a white jacket holds a piece of paper and speaks into a microphone in a room.\" width=\"2388\" height=\"1608\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM.png 2388w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-800x539.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1020x687.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-160x108.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1536x1034.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-2048x1379.png 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/Screenshot-2024-06-06-at-12.06.48 PM-1920x1293.png 1920w\" sizes=\"(max-width: 2388px) 100vw, 2388px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Sen. Nancy Skinner, D-Berkeley. \u003ccite>(Rich Pedroncelli/The Associated Press)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Kids are emotional. Kids don’t have impulse control the way adults should, and to bring an officer in, especially since all of our officers are armed, can, rather than defuse the situation, make it worse,” Skinner said. Kids can act out what they experience at home or on the street, she added.\u003c/p>\n\u003cp>Skinner, the author of several major police accountability bills, also said she saw value in the data EdSource obtained and published.\u003c/p>\n\u003cp>Police logs can help officials decide if civilian staff should deal with more school incidents at a time when California’s \u003ca class=\"external\" href=\"https://www.mercurynews.com/2024/01/09/even-at-112000-starting-pay-fewer-people-want-to-be-cops/\" target=\"_blank\" rel=\"noopener\">suffering a police shortage\u003c/a>, she said. That could leave sworn officers available for “real public safety needs. We never want to prevent a school from calling 911 if that’s needed. However, there might be some appropriate guidelines or boundaries that cities and schools could work out.”\u003c/p>\n\u003ch2>Stopping a police chase\u003c/h2>\n\u003cp>The executive director of the Alabama-based National Association of School Resource Officers, Mo Candy, a retired cop, said districts would be mistaken to remove resource officers from campuses. Police will always be needed to respond to schools, and “we need for students and faculty to be able to feel like this officer is more than just a law enforcement officer, that they really are another trusted adult in that school environment.” A trained and well-known officer, “may be the person who comes into a situation with the coolest head,” he said.\u003c/p>\n\u003cp>Loretta Whitson, executive director of the California School Counselors Association, has seen what can happen when police approach a student situation lacking the cool-headedness Candy described.\u003c/p>\n\u003cp>As a school counselor in the Monrovia Unified School District in Los Angeles County, she once worked with a child who ran away from school multiple times. Finally, an exacerbated principal called the police, who chased after the student.\u003c/p>\n\u003cp>“The principal didn’t stop them. I felt as (officers) went on in their rant this kid is getting more damaged. So, I said, ‘Stop, stop,”’ Whitson said. “We already had a very damaged kid, and this wasn’t helping.” The student was later found to need special education services, she said.\u003c/p>\n\u003cp>Tom Nolan, a retired Boston police lieutenant turned sociologist who’s taught at several universities and studied school policing, said when law enforcement officers are called into a school situation, “they become the shot callers,” deciding what to do whether it is in the child’s best interest or not. Too often, principals are calling them for minor problems like lost keys and disciplinary matters, he said.\u003c/p>\n\u003cp>“The research is unequivocal in demonstrating that the police coming into schools, or police being assigned to schools, is almost always a bad idea. It has bad outcomes for children. It has bad outcomes for school safety.”\u003c/p>\n\u003cp>Nolan said police are not school counselors and shouldn’t play that role. “That’s something that’s a very specific skill set that is attained through years of graduate level study by mental health practitioners and clinicians.”\u003c/p>\n\u003cp>The California Police Chiefs Association declined to make anyone from its leadership available for an interview. In an email, its executive director described school policing as a matter best discussed at local levels.\u003c/p>\n\u003cp>Brian Marvel, president of the Peace Officers Research Association of California, a powerful federation of police unions, wasn’t available for an interview, a spokesperson said. In a statement, Marvel, a San Diego police officer, said cops assigned to schools “play an important role in” schools. They act as “educators, emergency/crisis managers, first responders, informal counselors, mentors, and model the kind of behavior that builds trust and respect between law enforcement and the communities they serve.”\u003c/p>\n\u003cp>Data shows that sometimes, regardless of who might be available to counsel or advise a student, one may just do something dumb, like putting a death threat in writing.\u003c/p>\n\u003cp>On June 15, 2023, James Morris, the county administrator who also acts as Inglewood Unified superintendent, received a death threat via email, police call records show. Morris, a veteran administrator, was brought on to lift Inglewood out of years of state receivership because of fiscal woes.\u003c/p>\n\u003cp>“I can just say, generally, it was a student,” Morris said when asked about the threat. Police took a report, but Morris said he didn’t want charges filed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>One year into San Francisco’s push to dismantle open-air drug markets, authorities are touting thousands of arrests by the law enforcement campaign; last week alone, police announced they had arrested 10 people in a single-day operation in the Tenderloin, as well as the arrests days earlier of two brothers suspected of trafficking drugs in the area and carrying 6 kilograms of fentanyl, among other substances.\u003c/p>\n\u003cp>Still, with people dying of overdoses near a record pace and neighbors’ complaints of a pervasive drug trade, some policy experts have questioned whether San Francisco is taking the right approach to the crisis.\u003c/p>\n\u003cp>Mayor London Breed launched the Drug Market Agency Coordination Center, a centralized hub for local, state and federal law enforcement agencies to disrupt drug dealing and public drug use in the Tenderloin and South of Market neighborhoods, in May 2023. Last week, on its first anniversary, Breed’s office released a \u003ca href=\"https://www.sanfranciscopolice.org/drug-market-agency-coordination-center\">public data dashboard\u003c/a> showing that in the first year of the crackdown, law enforcement officials made more than 3,000 arrests and seized nearly 200 kilos of narcotics.\u003c/p>\n\u003cp>Of those arrests, 1,008 people were suspected of dealing drugs, 1,284 were suspected of using drugs, and 858 people had outstanding warrants. The top two drugs seized by weight were fentanyl, at more than 89 kilos, and methamphetamine, at 48 kilos. In a \u003ca href=\"https://www.sf.gov/news/san-francisco-dmacc-marks-one-year-milestone-200-kilos-narcotics-seized-and-3000-arrests\">statement announcing the first-year data\u003c/a>, city officials called those “significant results.”\u003c/p>\n\u003cp>“The partnerships we put in place are getting fentanyl out of our neighborhoods, and with new technology being deployed and more officers joining our ranks, our efforts will only grow stronger over the coming year,” Breed said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some residents and policy experts, however, said the coordination center has had little effect on the neighborhoods’ struggle to curtail drug dealing.\u003c/p>\n\u003cp>Randy Shaw, co-founder of the Tenderloin Housing Clinic, said that while arrests and seizures have been centralized around United Nations Plaza, the area’s drug market is still pervasive.\u003c/p>\n\u003cp>“At a place like 7th and Market, which I’ve written about a lot and which has gotten a lot of attention on social media, there’s still 50 drug dealers and drug users out there every night,” Shaw said. “Why is that still happening?”\u003c/p>\n\u003cp>In the two and a half years since Breed declared a state of emergency in the Tenderloin related to the fentanyl crisis, San Francisco has recorded its highest number of overdose deaths in one year, \u003ca href=\"https://www.kqed.org/news/11972898/2023-was-san-franciscos-deadliest-year-for-drug-overdoses-new-data-confirms\">totaling 810 in 2023\u003c/a>. This year, the city is on track to \u003ca href=\"https://www.sf.gov/sites/default/files/2024-05/2024%2005_OCME%20Overdose%20Report.pdf\">surpass 770 overdose deaths\u003c/a>.\u003c/p>\n\u003cp>Despite the city’s efforts, the crisis on the streets of the Tenderloin remains, Shaw said.\u003c/p>\n\u003cp>“We created an emergency coordination center, and a year later, the activities that exist there remain higher than any other neighborhood would tolerate and would be allowed to continue,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11982333\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11982333\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut.jpg\" alt=\"Two men sitting on the sidewalk while another man on the left wearing a neon yellow and orange jacket stands near parked cars on the street.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">People sit on the sidewalk in the Tenderloin neighborhood, a part of the 5th Supervisorial District, in San Francisco on April 5, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Keith Humphreys, a drug policy expert and professor of psychology at Stanford University, said he believes this is because San Francisco’s efforts are too focused on arresting drug dealers and users, which isn’t necessarily aligned with residents’ goals.\u003c/p>\n\u003cp>“You can arrest individual dealers forever, but your goal, I think, is to suppress the open-air market, and that is not done by individual arrests,” Humphreys told KQED.\u003c/p>\n\u003cp>According to Humphreys, data shows that closing drug markets takes collaboration not only among law enforcement agencies but with social service providers and prosecutors as well.\u003c/p>\n\u003cp>The coordination center works with city agencies, including the Department of Public Health and the Department of Homelessness and Supportive Housing, to connect people with treatment and shelter options, city officials said in a statement. However, in contrast to the arrests dashboard, no data was available on the number of people who used those resources, and the mayor’s office did not respond to a request for the information at the time of publication.\u003c/p>\n\u003cp>[aside postID=science_1993048,news_11987962,news_11982329,news_11972898 label='related coverage']Another point that could work against the city’s efforts is the discrepancy between the numbers of arrests and convictions in the data, Humphreys said.\u003c/p>\n\u003cp>“If you don’t have [convictions], the arrests are counterproductive because if they don’t result in convictions, it teaches people being arrested is no big deal,” he said.\u003c/p>\n\u003cp>As of May 25, the San Francisco District Attorney’s Office said it had been presented with 394 felony narcotics cases this year and filed 344 of them. Officers with the Drug Market Agency Coordination Center have made 1,159 narcotics arrests since January, \u003ca href=\"https://www.sanfranciscopolice.org/drug-market-agency-coordination-center\">according to SFPD data\u003c/a>.\u003c/p>\n\u003cp>As officials tout the number of arrests and the amount of drugs confiscated, Humphreys said the city should track other metrics instead.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“What I would like to see on their dashboard is, ‘How many sidewalks can you walk down without seeing a dealer or users?’ You can assess that very easily,” Humphreys said. “I think if they looked at that, my suspicion would be that while the arrests went up, that number stayed the same. When you gather that data, you think, ‘We need to think of a different strategy.’”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>One year into San Francisco’s push to dismantle open-air drug markets, authorities are touting thousands of arrests by the law enforcement campaign; last week alone, police announced they had arrested 10 people in a single-day operation in the Tenderloin, as well as the arrests days earlier of two brothers suspected of trafficking drugs in the area and carrying 6 kilograms of fentanyl, among other substances.\u003c/p>\n\u003cp>Still, with people dying of overdoses near a record pace and neighbors’ complaints of a pervasive drug trade, some policy experts have questioned whether San Francisco is taking the right approach to the crisis.\u003c/p>\n\u003cp>Mayor London Breed launched the Drug Market Agency Coordination Center, a centralized hub for local, state and federal law enforcement agencies to disrupt drug dealing and public drug use in the Tenderloin and South of Market neighborhoods, in May 2023. Last week, on its first anniversary, Breed’s office released a \u003ca href=\"https://www.sanfranciscopolice.org/drug-market-agency-coordination-center\">public data dashboard\u003c/a> showing that in the first year of the crackdown, law enforcement officials made more than 3,000 arrests and seized nearly 200 kilos of narcotics.\u003c/p>\n\u003cp>Of those arrests, 1,008 people were suspected of dealing drugs, 1,284 were suspected of using drugs, and 858 people had outstanding warrants. The top two drugs seized by weight were fentanyl, at more than 89 kilos, and methamphetamine, at 48 kilos. In a \u003ca href=\"https://www.sf.gov/news/san-francisco-dmacc-marks-one-year-milestone-200-kilos-narcotics-seized-and-3000-arrests\">statement announcing the first-year data\u003c/a>, city officials called those “significant results.”\u003c/p>\n\u003cp>“The partnerships we put in place are getting fentanyl out of our neighborhoods, and with new technology being deployed and more officers joining our ranks, our efforts will only grow stronger over the coming year,” Breed said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some residents and policy experts, however, said the coordination center has had little effect on the neighborhoods’ struggle to curtail drug dealing.\u003c/p>\n\u003cp>Randy Shaw, co-founder of the Tenderloin Housing Clinic, said that while arrests and seizures have been centralized around United Nations Plaza, the area’s drug market is still pervasive.\u003c/p>\n\u003cp>“At a place like 7th and Market, which I’ve written about a lot and which has gotten a lot of attention on social media, there’s still 50 drug dealers and drug users out there every night,” Shaw said. “Why is that still happening?”\u003c/p>\n\u003cp>In the two and a half years since Breed declared a state of emergency in the Tenderloin related to the fentanyl crisis, San Francisco has recorded its highest number of overdose deaths in one year, \u003ca href=\"https://www.kqed.org/news/11972898/2023-was-san-franciscos-deadliest-year-for-drug-overdoses-new-data-confirms\">totaling 810 in 2023\u003c/a>. This year, the city is on track to \u003ca href=\"https://www.sf.gov/sites/default/files/2024-05/2024%2005_OCME%20Overdose%20Report.pdf\">surpass 770 overdose deaths\u003c/a>.\u003c/p>\n\u003cp>Despite the city’s efforts, the crisis on the streets of the Tenderloin remains, Shaw said.\u003c/p>\n\u003cp>“We created an emergency coordination center, and a year later, the activities that exist there remain higher than any other neighborhood would tolerate and would be allowed to continue,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11982333\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11982333\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut.jpg\" alt=\"Two men sitting on the sidewalk while another man on the left wearing a neon yellow and orange jacket stands near parked cars on the street.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240405-District5BOSRedistricting-006-BL_qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">People sit on the sidewalk in the Tenderloin neighborhood, a part of the 5th Supervisorial District, in San Francisco on April 5, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Keith Humphreys, a drug policy expert and professor of psychology at Stanford University, said he believes this is because San Francisco’s efforts are too focused on arresting drug dealers and users, which isn’t necessarily aligned with residents’ goals.\u003c/p>\n\u003cp>“You can arrest individual dealers forever, but your goal, I think, is to suppress the open-air market, and that is not done by individual arrests,” Humphreys told KQED.\u003c/p>\n\u003cp>According to Humphreys, data shows that closing drug markets takes collaboration not only among law enforcement agencies but with social service providers and prosecutors as well.\u003c/p>\n\u003cp>The coordination center works with city agencies, including the Department of Public Health and the Department of Homelessness and Supportive Housing, to connect people with treatment and shelter options, city officials said in a statement. However, in contrast to the arrests dashboard, no data was available on the number of people who used those resources, and the mayor’s office did not respond to a request for the information at the time of publication.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Another point that could work against the city’s efforts is the discrepancy between the numbers of arrests and convictions in the data, Humphreys said.\u003c/p>\n\u003cp>“If you don’t have [convictions], the arrests are counterproductive because if they don’t result in convictions, it teaches people being arrested is no big deal,” he said.\u003c/p>\n\u003cp>As of May 25, the San Francisco District Attorney’s Office said it had been presented with 394 felony narcotics cases this year and filed 344 of them. Officers with the Drug Market Agency Coordination Center have made 1,159 narcotics arrests since January, \u003ca href=\"https://www.sanfranciscopolice.org/drug-market-agency-coordination-center\">according to SFPD data\u003c/a>.\u003c/p>\n\u003cp>As officials tout the number of arrests and the amount of drugs confiscated, Humphreys said the city should track other metrics instead.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“What I would like to see on their dashboard is, ‘How many sidewalks can you walk down without seeing a dealer or users?’ You can assess that very easily,” Humphreys said. “I think if they looked at that, my suspicion would be that while the arrests went up, that number stayed the same. When you gather that data, you think, ‘We need to think of a different strategy.’”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Alameda County Again Delays Vote to Create Civilian Oversight of Sheriff",
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"content": "\u003cp>Alameda County supervisors on Tuesday again postponed a vote on whether to create civilian oversight of the sheriff, the latest in months of delays that have dragged the yearslong effort to a near standstill.\u003c/p>\n\u003cp>Reading from a statement on Tuesday, Supervisor Elisa Márquez reiterated her support for civilian oversight but pointed to the absence of Supervisors Lena Tam and Keith Carson, who were not present when the meeting began.\u003c/p>\n\u003cp>“It is paramount that all of my colleagues be present in person to fully participate in this long-awaited, critical public safety action item,” Márquez said, requesting the item be placed on the agenda for the board’s June 18 meeting.\u003c/p>\n\u003cp>The county began developing the proposal in 2020 after the passage of \u003ca href=\"https://legiscan.com/CA/text/AB1185/id/2211013\">AB 1185\u003c/a>, a state law that empowered every California county to establish civilian sheriff’s oversight through a public vote or a Board of Supervisors resolution and gave those oversight bodies the power to subpoena records from the sheriff.\u003c/p>\n\u003cp>The latest delay added to the frustrations of community activists who have been calling for increased oversight of the embattled Alameda County Sheriff’s Office for years.\u003c/p>\n\u003cp>“A lot of these supervisors, during their candidacy, were all supportive of sheriff oversight,” Millie Cleveland, a member of the California Coalition for Sheriff Oversight, a group of civil rights organizations, said Tuesday. “But every step of the way, they seem to be blocking any movement on this issue.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Activists have pointed out, among other concerns, the worryingly high number of deaths at the county jail, which the sheriff’s office oversees.\u003c/p>\n\u003cp>Over the last decade, more than 60 people have died at Santa Rita Jail, according to reporting by the Guardian, and \u003ca href=\"https://calmatters.org/justice/2024/03/death-in-california-jails/\">deaths in county jails have been on the rise statewide\u003c/a>. The human toll has been compounded by a financial one: Between 2015 and 2020, the Alameda County Sheriff’s Office led the Bay Area in payouts resulting from wrongful deaths and excessive force lawsuits, according to the ACLU of Northern California. The jail has been under \u003ca href=\"https://oaklandside.org/2022/02/08/judge-places-santa-rita-jail-under-external-oversight-ending-mental-health-abuse-lawsuit/\">federal oversight\u003c/a> since 2022.\u003c/p>\n\u003cp>Tuesday’s postponement at the Board of Supervisors comes after the county’s Public Protection Committee — chaired by Márquez — sent two proposed oversight ordinances to the board in February. Both would create a Sheriff Oversight Board and Office of the Inspector General. One is slightly more detailed, specifying that no law enforcement officers or out-of-county residents would be allowed to serve on the board and would allow the inspector general to hire independent legal counsel.\u003c/p>\n\u003cp>Yoel Haile, director of the criminal justice program at the ACLU of Northern California, said both proposals fall short by requiring the sheriff to approve any investigation by the civilian oversight board or the inspector general.\u003c/p>\n\u003cp>“County residents, who are the primary stakeholders in what the sheriff does, should have the ability to investigate,” Haile said, “should have the ability to question the sheriff, to find out the facts, to have subpoena power so that interviews can be conducted with the people who are involved.”\u003c/p>\n\u003cp>Sheriff Yesenia Sanchez’s office has not publicly weighed in on the proposals.\u003c/p>\n\u003cp>“It is important to recognize that any oversight has to be conducted collaboratively, with the interests of public safety, individuals’ constitutional rights, and the county’s fiduciary responsibility as the agenda,” a spokesperson for the department said in a statement on Monday.\u003c/p>\n\u003cp>If approved, either resolution would bring community oversight to the Alameda County Sheriff’s Office for the first time. It would also make Alameda the fifth Bay Area county to create sheriff’s civilian oversight, following San Francisco, \u003ca href=\"https://www.kqed.org/news/11969550/san-mateo-county-supes-to-vote-on-civilian-oversight-of-sheriffs-department\">San Mateo\u003c/a>, Sonoma and Santa Clara.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County supervisors on Tuesday again postponed a vote on whether to create civilian oversight of the sheriff, the latest in months of delays that have dragged the yearslong effort to a near standstill.\u003c/p>\n\u003cp>Reading from a statement on Tuesday, Supervisor Elisa Márquez reiterated her support for civilian oversight but pointed to the absence of Supervisors Lena Tam and Keith Carson, who were not present when the meeting began.\u003c/p>\n\u003cp>“It is paramount that all of my colleagues be present in person to fully participate in this long-awaited, critical public safety action item,” Márquez said, requesting the item be placed on the agenda for the board’s June 18 meeting.\u003c/p>\n\u003cp>The county began developing the proposal in 2020 after the passage of \u003ca href=\"https://legiscan.com/CA/text/AB1185/id/2211013\">AB 1185\u003c/a>, a state law that empowered every California county to establish civilian sheriff’s oversight through a public vote or a Board of Supervisors resolution and gave those oversight bodies the power to subpoena records from the sheriff.\u003c/p>\n\u003cp>The latest delay added to the frustrations of community activists who have been calling for increased oversight of the embattled Alameda County Sheriff’s Office for years.\u003c/p>\n\u003cp>“A lot of these supervisors, during their candidacy, were all supportive of sheriff oversight,” Millie Cleveland, a member of the California Coalition for Sheriff Oversight, a group of civil rights organizations, said Tuesday. “But every step of the way, they seem to be blocking any movement on this issue.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Activists have pointed out, among other concerns, the worryingly high number of deaths at the county jail, which the sheriff’s office oversees.\u003c/p>\n\u003cp>Over the last decade, more than 60 people have died at Santa Rita Jail, according to reporting by the Guardian, and \u003ca href=\"https://calmatters.org/justice/2024/03/death-in-california-jails/\">deaths in county jails have been on the rise statewide\u003c/a>. The human toll has been compounded by a financial one: Between 2015 and 2020, the Alameda County Sheriff’s Office led the Bay Area in payouts resulting from wrongful deaths and excessive force lawsuits, according to the ACLU of Northern California. The jail has been under \u003ca href=\"https://oaklandside.org/2022/02/08/judge-places-santa-rita-jail-under-external-oversight-ending-mental-health-abuse-lawsuit/\">federal oversight\u003c/a> since 2022.\u003c/p>\n\u003cp>Tuesday’s postponement at the Board of Supervisors comes after the county’s Public Protection Committee — chaired by Márquez — sent two proposed oversight ordinances to the board in February. Both would create a Sheriff Oversight Board and Office of the Inspector General. One is slightly more detailed, specifying that no law enforcement officers or out-of-county residents would be allowed to serve on the board and would allow the inspector general to hire independent legal counsel.\u003c/p>\n\u003cp>Yoel Haile, director of the criminal justice program at the ACLU of Northern California, said both proposals fall short by requiring the sheriff to approve any investigation by the civilian oversight board or the inspector general.\u003c/p>\n\u003cp>“County residents, who are the primary stakeholders in what the sheriff does, should have the ability to investigate,” Haile said, “should have the ability to question the sheriff, to find out the facts, to have subpoena power so that interviews can be conducted with the people who are involved.”\u003c/p>\n\u003cp>Sheriff Yesenia Sanchez’s office has not publicly weighed in on the proposals.\u003c/p>\n\u003cp>“It is important to recognize that any oversight has to be conducted collaboratively, with the interests of public safety, individuals’ constitutional rights, and the county’s fiduciary responsibility as the agenda,” a spokesperson for the department said in a statement on Monday.\u003c/p>\n\u003cp>If approved, either resolution would bring community oversight to the Alameda County Sheriff’s Office for the first time. It would also make Alameda the fifth Bay Area county to create sheriff’s civilian oversight, following San Francisco, \u003ca href=\"https://www.kqed.org/news/11969550/san-mateo-county-supes-to-vote-on-civilian-oversight-of-sheriffs-department\">San Mateo\u003c/a>, Sonoma and Santa Clara.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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