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"content": "\u003cp>Nearly a year after a \u003ca href=\"https://ww2.kqed.org/news/%3Fp%3D11031041\">suicide\u003c/a> note by an Oakland Police Department officer set off an investigation of sexual misconduct involving an East Bay teenager, Alameda County’s district attorney has filed the first criminal \u003ca href=\"https://www.scribd.com/document/324269610/Criminal-Charges-Against-2-Former-Officers-in-Sexual-Exploitation-Case\">charges\u003c/a> against two officers in the case.\u003c/p>\n\u003cp>Documents received Friday by the Alameda County Superior Court accuse former Livermore Police Officer Dan Black of five misdemeanor counts for engaging in prostitution, lewd conduct in a public place and providing alcohol to a minor on two occasions in April this year.\u003c/p>\n\u003cp>Leroy Johnson, a retired OPD sergeant faces a single misdemeanor count of failure to report child abuse. Court papers recount the witness claimed she told Johnson through a Facebook communication that she had sex with other members of the OPD, some before her 18th birthday. Johnson allegedly told her that he would not report it.\u003c/p>\n\u003cp>The charges arise out of allegations from 19-year-old Jasmine Abuslin, also known as Celeste Guap, a former sex worker who may have been the victim of child sex trafficking. Abuslin told police investigators she had sexual encounters with 30 law enforcement officers in the Bay Area and that at least four of those interactions occurred when she was still a minor.\u003c/p>\n\u003cp>Attorneys for the teenager also filed a claim Friday against Oakland for $66 million in economic damages and additional undisclosed amounts. The move is a precursor to filing a civil rights lawsuit.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lawyers planned to file similar claims next week against other jurisdictions who employed officers accused of sexually exploiting Abuslin, including the cities of Livermore, Richmond, San Francisco and Alameda, Contra Costa and San Joaquin counties.\u003c/p>\n\u003cp>At a press conference Thursday, attorney Pamela Price said additional victims have contacted her.\u003c/p>\n\u003cp>“Jasmine was not the only one.” Price said. \"I have received emails from other young women that said, ‘Yes, I live in Richmond. This happened to me. These are the officers who were engaging in sex trafficking and I was part of the same group that Jasmine was part of.'”\u003c/p>\n\u003cp>Price criticized Contra Costa County’s district attorney for not acting sooner to investigate allegations of criminal police conduct there.\u003c/p>\n\u003cp>So far, only the Alameda County district attorney has opened a criminal investigation of police officers implicated in the scandal. At a press conference last week, \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\">D.A. Nancy O’Malley announced plans to charge seven East Bay law enforcement officers\u003c/a>, but said she found evidence of criminal conduct in other counties that she could not prosecute.\u003c/p>\n\u003cp>Price said that clearly shows \"there is a failure in communication and coordination among law enforcement agencies, where you can have one district attorney who says, 'I have evidence of wrongdoing by an officer of the law, but I can’t prosecute him because he’s not in my jurisdiction.'”\u003c/p>\n\u003cp>Price said a representative from the Contra Costa County District Attorney’s Office called her for the first time this week since the scandal broke.\u003c/p>\n\u003cp>“They are interested now in doing some type of investigation.” Price said. “They want to talk to Jasmine about what perhaps she knows about what’s been happening in their jurisdiction.”\u003c/p>\n\u003cp>In a statement Thursday, Contra Costa County District Attorney Mark Peterson acknowledged they are taking another look.\u003c/p>\n\u003cp>“Recently, we’ve been made aware of additional allegations of possible criminal conduct here in Contra Costa County,” he said.\u003c/p>\n\u003cp>Peterson said his department was reviewing that evidence and allegations.\u003c/p>\n\u003cp>“It goes without saying that our office will always investigate any alleged sexual assault or human trafficking crimes that occur within our county, and we’re committed to holding anyone who committed such crimes in Contra Costa County accountable for their actions,” Peterson said.\u003c/p>\n\u003cp>Oakland City Councilmember Dan Kalb tweeted Friday that Contra Costa’s district attorney should also investigate Richmond Police officers who sent Abuslin to Florida for rehab.\u003c/p>\n\u003cp>The teenager's attorneys claim Richmond Police coerced her to fly 3,000 miles away for addiction treatment at the Treasure Coast Recovery Center where she was held against her will.\u003c/p>\n\u003cp>Richmond officials have said that the teenager went into treatment voluntarily.\u003c/p>\n\u003cp>But according to attorney Charles Bonner, when his client tried to leave the center, “10 people surrounded her -- big men and women. And then one had a big needle -- and she said, ‘What are you going to do with this needle?’ And they said, ‘We can do this.’ And then they grabbed her, and some big guy grabbed her in a bear hug from behind, and she bit him.”\u003c/p>\n\u003cp>Abuslin was jailed for assault for 17 days until her attorneys got the charges lessened and \u003ca href=\"https://ww2.kqed.org/news/2016/09/14/teen-victim-in-cop-sex-case-freed-from-florida-jail-returning-to-bay-area/\" target=\"_blank\">secured her release on Wednesday\u003c/a>.\u003c/p>\n\u003cp>Eleven Richmond Police officers were investigated for inappropriate contact with the teenager. Richmond Police Chief Allwyn Brown says allegations his department sent the teen witness away “distort reality.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=324269040 key=key-HeJTNdOGsjAPbCuferbk mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lawyers planned to file similar claims next week against other jurisdictions who employed officers accused of sexually exploiting Abuslin, including the cities of Livermore, Richmond, San Francisco and Alameda, Contra Costa and San Joaquin counties.\u003c/p>\n\u003cp>At a press conference Thursday, attorney Pamela Price said additional victims have contacted her.\u003c/p>\n\u003cp>“Jasmine was not the only one.” Price said. \"I have received emails from other young women that said, ‘Yes, I live in Richmond. This happened to me. These are the officers who were engaging in sex trafficking and I was part of the same group that Jasmine was part of.'”\u003c/p>\n\u003cp>Price criticized Contra Costa County’s district attorney for not acting sooner to investigate allegations of criminal police conduct there.\u003c/p>\n\u003cp>So far, only the Alameda County district attorney has opened a criminal investigation of police officers implicated in the scandal. At a press conference last week, \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\">D.A. Nancy O’Malley announced plans to charge seven East Bay law enforcement officers\u003c/a>, but said she found evidence of criminal conduct in other counties that she could not prosecute.\u003c/p>\n\u003cp>Price said that clearly shows \"there is a failure in communication and coordination among law enforcement agencies, where you can have one district attorney who says, 'I have evidence of wrongdoing by an officer of the law, but I can’t prosecute him because he’s not in my jurisdiction.'”\u003c/p>\n\u003cp>Price said a representative from the Contra Costa County District Attorney’s Office called her for the first time this week since the scandal broke.\u003c/p>\n\u003cp>“They are interested now in doing some type of investigation.” Price said. “They want to talk to Jasmine about what perhaps she knows about what’s been happening in their jurisdiction.”\u003c/p>\n\u003cp>In a statement Thursday, Contra Costa County District Attorney Mark Peterson acknowledged they are taking another look.\u003c/p>\n\u003cp>“Recently, we’ve been made aware of additional allegations of possible criminal conduct here in Contra Costa County,” he said.\u003c/p>\n\u003cp>Peterson said his department was reviewing that evidence and allegations.\u003c/p>\n\u003cp>“It goes without saying that our office will always investigate any alleged sexual assault or human trafficking crimes that occur within our county, and we’re committed to holding anyone who committed such crimes in Contra Costa County accountable for their actions,” Peterson said.\u003c/p>\n\u003cp>Oakland City Councilmember Dan Kalb tweeted Friday that Contra Costa’s district attorney should also investigate Richmond Police officers who sent Abuslin to Florida for rehab.\u003c/p>\n\u003cp>The teenager's attorneys claim Richmond Police coerced her to fly 3,000 miles away for addiction treatment at the Treasure Coast Recovery Center where she was held against her will.\u003c/p>\n\u003cp>Richmond officials have said that the teenager went into treatment voluntarily.\u003c/p>\n\u003cp>But according to attorney Charles Bonner, when his client tried to leave the center, “10 people surrounded her -- big men and women. And then one had a big needle -- and she said, ‘What are you going to do with this needle?’ And they said, ‘We can do this.’ And then they grabbed her, and some big guy grabbed her in a bear hug from behind, and she bit him.”\u003c/p>\n\u003cp>Abuslin was jailed for assault for 17 days until her attorneys got the charges lessened and \u003ca href=\"https://ww2.kqed.org/news/2016/09/14/teen-victim-in-cop-sex-case-freed-from-florida-jail-returning-to-bay-area/\" target=\"_blank\">secured her release on Wednesday\u003c/a>.\u003c/p>\n\u003cp>Eleven Richmond Police officers were investigated for inappropriate contact with the teenager. Richmond Police Chief Allwyn Brown says allegations his department sent the teen witness away “distort reality.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/324269040/content?start_page=1&view_mode=&access_key=key-HeJTNdOGsjAPbCuferbk\"\n title=\"http://www.scribd.com/doc/324269040\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_324269040\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/324269040\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Bay Area Cities Cite Just-Passed Bills in PCB Lawsuits Against Monsanto",
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"content": "\u003cp>Two recently passed bills -- one of which Gov. Jerry Brown has not yet signed -- could play a big role in a trio of Bay Area water pollution lawsuits against agricultural chemical giant Monsanto.\u003c/p>\n\u003cp>San Jose, Berkeley and Oakland have each sued the company in federal court to recover costs associated with cleaning up stormwater containing polychlorinated biphenyls, or PCBs, that the company manufactured from the 1930s through the time they were banned in the late 1970s.\u003c/p>\n\u003cp>The toxic chemicals were widely used to insulate electrical transformers and in a variety of other applications, including paint, caulking, ink and lubricants.\u003c/p>\n\u003cp>U.S. District Court Judge Edward J. Davila \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/bay-area-cities-try-to-revive-pcb-pollution-case-against-monsanto/\">ruled last month\u003c/a> the cities did not have ownership over the stormwater that's at issue in the case and thus lacked legal standing to sue Monsanto for creating a public nuisance. But Davila did allow the cities to amend their complaints and refile them.\u003c/p>\n\u003cp>The amended complaints, filed earlier this week, rely in part on two laws just passed by the Legislature. One of them, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2594\" target=\"_blank\">AB 2594\u003c/a>, allows cities to capture and reuse storm runoff and thus gives them a property interest in stormwater. Gov. Brown has not yet signed the legislation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Earlier this week, Brown did sign a second bill, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB859\" target=\"_blank\">SB 859\u003c/a>, which gives local governments new power -- and responsibility -- to sue to stop public nuisances on property that has been granted in trust by the state. In the Bay Area, some of those public trust lands are actually offshore and include tidelands and submerged property.\u003c/p>\n\u003cp>“So if I’m a city and I have public trust lands in my trust, then I need to do what I need to do, including file lawsuits, to protect those lands,\" said John Fiske, an attorney for the cities suing Monsanto.\u003c/p>\n\u003cp>Berkeley's lawsuit against Monsanto says the city holds more than 4,300 acres of offshore property polluted by the company's PCBs. Oakland's tidelands and submerged lands total 5,000 acres, its lawsuit says. The refiled San Jose lawsuit does not cite SB 859.\u003c/p>\n\u003cp>\"Both of these (measures) confirm the arguments that the cities have had, which is that the people of the state of California want cities to protect natural resources such as water and tidelands,\" Fiske said.\u003c/p>\n\u003cp>Scott Partridge, Monsanto vice president for global strategy, blasted the amended complaints as \"defective.\"\u003c/p>\n\u003cp>“The cities continue to invent new theories of owning abandoned stormwater and urban runoff that will only make the cities more liable -- and in more cases -- for impacts to San Francisco Bay,\" Partridge said. \"... No court in the country has imposed the costs associated with city discharge permits onto others. The product manufacturer did not place any PCBs into the bay, and the new complaints do not change that basic fact.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The cities in the case are among several in the country that want Monsanto to contribute to the cost of cleaning up PCB contamination.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two recently passed bills -- one of which Gov. Jerry Brown has not yet signed -- could play a big role in a trio of Bay Area water pollution lawsuits against agricultural chemical giant Monsanto.\u003c/p>\n\u003cp>San Jose, Berkeley and Oakland have each sued the company in federal court to recover costs associated with cleaning up stormwater containing polychlorinated biphenyls, or PCBs, that the company manufactured from the 1930s through the time they were banned in the late 1970s.\u003c/p>\n\u003cp>The toxic chemicals were widely used to insulate electrical transformers and in a variety of other applications, including paint, caulking, ink and lubricants.\u003c/p>\n\u003cp>U.S. District Court Judge Edward J. Davila \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/bay-area-cities-try-to-revive-pcb-pollution-case-against-monsanto/\">ruled last month\u003c/a> the cities did not have ownership over the stormwater that's at issue in the case and thus lacked legal standing to sue Monsanto for creating a public nuisance. But Davila did allow the cities to amend their complaints and refile them.\u003c/p>\n\u003cp>The amended complaints, filed earlier this week, rely in part on two laws just passed by the Legislature. One of them, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2594\" target=\"_blank\">AB 2594\u003c/a>, allows cities to capture and reuse storm runoff and thus gives them a property interest in stormwater. Gov. Brown has not yet signed the legislation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Earlier this week, Brown did sign a second bill, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB859\" target=\"_blank\">SB 859\u003c/a>, which gives local governments new power -- and responsibility -- to sue to stop public nuisances on property that has been granted in trust by the state. In the Bay Area, some of those public trust lands are actually offshore and include tidelands and submerged property.\u003c/p>\n\u003cp>“So if I’m a city and I have public trust lands in my trust, then I need to do what I need to do, including file lawsuits, to protect those lands,\" said John Fiske, an attorney for the cities suing Monsanto.\u003c/p>\n\u003cp>Berkeley's lawsuit against Monsanto says the city holds more than 4,300 acres of offshore property polluted by the company's PCBs. Oakland's tidelands and submerged lands total 5,000 acres, its lawsuit says. The refiled San Jose lawsuit does not cite SB 859.\u003c/p>\n\u003cp>\"Both of these (measures) confirm the arguments that the cities have had, which is that the people of the state of California want cities to protect natural resources such as water and tidelands,\" Fiske said.\u003c/p>\n\u003cp>Scott Partridge, Monsanto vice president for global strategy, blasted the amended complaints as \"defective.\"\u003c/p>\n\u003cp>“The cities continue to invent new theories of owning abandoned stormwater and urban runoff that will only make the cities more liable -- and in more cases -- for impacts to San Francisco Bay,\" Partridge said. \"... No court in the country has imposed the costs associated with city discharge permits onto others. The product manufacturer did not place any PCBs into the bay, and the new complaints do not change that basic fact.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The cities in the case are among several in the country that want Monsanto to contribute to the cost of cleaning up PCB contamination.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Senate Panel OKs Judge Lucy Koh for Federal Appeals Court",
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"content": "\u003cp>Several Republican senators joined Democrats Thursday to send the appellate court nomination of San Jose U.S. District Court Judge Lucy Koh to a vote by the full Senate.\u003c/p>\n\u003cfigure id=\"attachment_11018222\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/LucyKoh.jpg\">\u003cimg class=\"size-thumbnail wp-image-11018222\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/LucyKoh-400x312.jpg\" alt=\"San Jose federal judge Lucy Koh. \" width=\"400\" height=\"312\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-400x312.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-800x623.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-1180x919.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-960x748.jpg 960w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Jose federal judge Lucy Koh. \u003ccite>(Wikimedia Commons)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Senate Judiciary Committee voted 13-7 to approve Koh, who has ruled on some of Silicon Valley's most important legal battles in recent years, to serve on the San Francisco-based 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>\"This is a nominee with very strong, impeccable credentials, a distinguished track record as a prosecutor, private practitioner and a judge,\" said California Sen. Dianne Feinstein, moments before the vote.\u003c/p>\n\u003cp>Sen. Charles Grassley, R-Iowa, chairman of the Judiciary panel, was among the four Republicans who voted to send Koh's nomination to a floor vote. The others were Orrin Hatch of Utah, Lindsey Graham of South Carolina and Jeff Flake of Arizona.\u003c/p>\n\u003cp>Koh's nomination still faces serious challenges.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sen. John Cornyn, R-Texas, criticized parts of Koh's record before Thursday's vote. As he did during a \u003ca href=\"https://ww2.kqed.org/news/2016/07/13/gop-senators-challenge-judge-lucy-koh-during-confirmation-hearing/\">July confirmation hearing\u003c/a>, Cornyn zeroed in on a ruling Koh made last year against the federal government, requiring law enforcement agencies to get a warrant before they obtain location data generated by a subject's cellphone.\u003c/p>\n\u003cp>\"This is an example of the kind of judicial activism that portrays a lack of regard for the plain text of the Constitution and the laws passed by Congress ... in favor of what the judge views as better policy,\" Cornyn said.\u003c/p>\n\u003cp>Grassley didn't speak about Koh on Thursday, but in a statement filed with the committee acknowledged fellow Republicans' worries about Koh's ruling on the electronic data and privacy case.\u003c/p>\n\u003cp>\"I share some of those concerns,\" Grassley wrote.\u003c/p>\n\u003cp>\"I'm willing to vote for Judge Koh today so we can move her nomination out of this committee,\" he said. \"But I want to look further into this matter and be clear I'm not making any commitments about a floor vote I'd cast on this nomination.\"\u003c/p>\n\u003cp>Other Democrats, several legal experts and advocates for \u003ca href=\"http://ww2.kqed.org/news/2016/07/12/senate-panel-to-hold-9th-circuit-confirmation-hearing-for-judge-lucy-koh/\">adding diversity to the federal bench\u003c/a> have hailed her nomination and pushed for her confirmation.\u003c/p>\n\u003cp>Koh is the first Korean-American to serve as a U.S. District Court judge. She would be the second to serve on a federal appeals court and the first Korean-American woman.\u003c/p>\n\u003cp>With Republicans holding a 54-46 majority in the Senate, Koh will need GOP support to win confirmation.\u003c/p>\n\u003cp>Carl Tobias, a law professor who specializes in federal courts and judicial selection at the University of Richmond's School of Law, said in an email he's \"cautiously optimistic that the Senate will confirm her.\"\u003c/p>\n\u003cp>He noted that Koh, a former Santa Clara County Superior Court judge who was confirmed to the District Court by a 90-0 vote in 2010, has enjoyed GOP support in the past.\u003c/p>\n\u003cp>\"She is a highly qualified, mainstream nominee who enjoys strong support from many Republicans, such as Gov. (Arnold) Schwarzenegger, who appointed her to the Superior Court, and Stanford Law Professor Mike McConnell, formerly a 10th Circuit judge,\" Tobias said.\u003c/p>\n\u003cp>The Senate has not scheduled a confirmation vote yet, and Tobias said it's not clear when that will happen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Much will depend on the election results,\" Tobias said. Koh could end up being confirmed during a lame-duck session, he added.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Several Republican senators joined Democrats Thursday to send the appellate court nomination of San Jose U.S. District Court Judge Lucy Koh to a vote by the full Senate.\u003c/p>\n\u003cfigure id=\"attachment_11018222\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/LucyKoh.jpg\">\u003cimg class=\"size-thumbnail wp-image-11018222\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/LucyKoh-400x312.jpg\" alt=\"San Jose federal judge Lucy Koh. \" width=\"400\" height=\"312\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-400x312.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-800x623.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-1180x919.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/LucyKoh-960x748.jpg 960w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Jose federal judge Lucy Koh. \u003ccite>(Wikimedia Commons)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Senate Judiciary Committee voted 13-7 to approve Koh, who has ruled on some of Silicon Valley's most important legal battles in recent years, to serve on the San Francisco-based 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>\"This is a nominee with very strong, impeccable credentials, a distinguished track record as a prosecutor, private practitioner and a judge,\" said California Sen. Dianne Feinstein, moments before the vote.\u003c/p>\n\u003cp>Sen. Charles Grassley, R-Iowa, chairman of the Judiciary panel, was among the four Republicans who voted to send Koh's nomination to a floor vote. The others were Orrin Hatch of Utah, Lindsey Graham of South Carolina and Jeff Flake of Arizona.\u003c/p>\n\u003cp>Koh's nomination still faces serious challenges.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sen. John Cornyn, R-Texas, criticized parts of Koh's record before Thursday's vote. As he did during a \u003ca href=\"https://ww2.kqed.org/news/2016/07/13/gop-senators-challenge-judge-lucy-koh-during-confirmation-hearing/\">July confirmation hearing\u003c/a>, Cornyn zeroed in on a ruling Koh made last year against the federal government, requiring law enforcement agencies to get a warrant before they obtain location data generated by a subject's cellphone.\u003c/p>\n\u003cp>\"This is an example of the kind of judicial activism that portrays a lack of regard for the plain text of the Constitution and the laws passed by Congress ... in favor of what the judge views as better policy,\" Cornyn said.\u003c/p>\n\u003cp>Grassley didn't speak about Koh on Thursday, but in a statement filed with the committee acknowledged fellow Republicans' worries about Koh's ruling on the electronic data and privacy case.\u003c/p>\n\u003cp>\"I share some of those concerns,\" Grassley wrote.\u003c/p>\n\u003cp>\"I'm willing to vote for Judge Koh today so we can move her nomination out of this committee,\" he said. \"But I want to look further into this matter and be clear I'm not making any commitments about a floor vote I'd cast on this nomination.\"\u003c/p>\n\u003cp>Other Democrats, several legal experts and advocates for \u003ca href=\"http://ww2.kqed.org/news/2016/07/12/senate-panel-to-hold-9th-circuit-confirmation-hearing-for-judge-lucy-koh/\">adding diversity to the federal bench\u003c/a> have hailed her nomination and pushed for her confirmation.\u003c/p>\n\u003cp>Koh is the first Korean-American to serve as a U.S. District Court judge. She would be the second to serve on a federal appeals court and the first Korean-American woman.\u003c/p>\n\u003cp>With Republicans holding a 54-46 majority in the Senate, Koh will need GOP support to win confirmation.\u003c/p>\n\u003cp>Carl Tobias, a law professor who specializes in federal courts and judicial selection at the University of Richmond's School of Law, said in an email he's \"cautiously optimistic that the Senate will confirm her.\"\u003c/p>\n\u003cp>He noted that Koh, a former Santa Clara County Superior Court judge who was confirmed to the District Court by a 90-0 vote in 2010, has enjoyed GOP support in the past.\u003c/p>\n\u003cp>\"She is a highly qualified, mainstream nominee who enjoys strong support from many Republicans, such as Gov. (Arnold) Schwarzenegger, who appointed her to the Superior Court, and Stanford Law Professor Mike McConnell, formerly a 10th Circuit judge,\" Tobias said.\u003c/p>\n\u003cp>The Senate has not scheduled a confirmation vote yet, and Tobias said it's not clear when that will happen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Much will depend on the election results,\" Tobias said. Koh could end up being confirmed during a lame-duck session, he added.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Teen at Center of Cop Sex Case Freed From Florida Jail, Returning to Bay Area",
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"content": "\u003cp>The East Bay teenager at the center of a police sexual misconduct case was released from a Florida jail on Wednesday -- free to testify against police officers \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\">charged last week\u003c/a> with exploiting her when she was a minor.\u003c/p>\n\u003cp>Nineteen-year-old Jasmine Abuslin -- previously known publicly as Celeste Guap -- appeared in a Martin County, Florida, court to plead no contest to a misdemeanor count of battery. The charge grew out of an altercation at a drug treatment facility to which she'd been sent by law enforcement officials in Richmond, a move that itself is the \u003ca href=\"http://www.eastbaytimes.com/2016/09/08/richmond-police-launched-effort-to-send-celeste-guap-to-florida/\" target=\"_blank\">subject of controversy\u003c/a>.\u003c/p>\n\u003cp>Abuslin has reportedly told investigators that while working in the East Bay sex trade, she had sexual contact with as many as 30 law enforcement officers. Those officers were members of seven different agencies, apparently including the police departments in Oakland, Richmond, Livermore and San Francisco and the sheriff's offices in Alameda and Contra Costa counties.\u003c/p>\n\u003cp>Last Friday, Alameda County District Attorney Nancy O'Malley announced her office was bringing charges against seven men, including five Oakland police officers, one from Livermore and a sheriff's deputy from Contra Costa County. The charges include oral copulation with a minor, engaging in an act of prostitution, obstruction of justice and unauthorized access to law enforcement computer systems.\u003c/p>\n\u003cp>Abuslin's attorney, Pamela Price, said that in addition to helping her client through criminal proceedings against the accused police officers, she and fellow lawyer Charles Bonner plan to sue the seven jurisdictions believed to be involved in the case. She said she also hopes that state and federal agencies will take over the investigation into sex trafficking involving police officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Abuslin \"is not the only one\" who has been victimized, Price said. She alleged a \"network of police officers\" is involved.\u003c/p>\n\u003cp>\"You cannot have this many officers engaged in this conduct across jurisdictional lines without an internal network and communication amongst all of them,\" Price said.\u003c/p>\n\u003cp>Asked repeatedly whether officers had paid Abuslin in exchange for sex, Price said, \"This child has been kidnapped, she has been placed in fear of her life, she has been held against her will in multiple locations in the Bay Area. So whether or not someone gave her a dollar or a dime is irrelevant.\"\u003c/p>\n\u003cp>Price said Abuslin had been trafficked since the age of 12 and decided to drop her pseudonym as part of moving on with her life after the exploitation case made her the center of often hostile attention on social media.\u003c/p>\n\u003cp>\"Celeste Guap is dead,\" Price said during a press conference in Stuart, Florida.\u003c/p>\n\u003cp>Guap, Price said, was \"blasted all over the news with Kardashian-like celebrity status (and) was a victim of child sex trafficking.\"\u003c/p>\n\u003cp>Abuslin, on the other hand, \"is a young woman who is going to find herself, who wants to become a veterinarian. She's going to go back to school, she's going to create a life that every young woman should have,\" Price said. \"Jasmine is going to have a second chance\" at life.\u003c/p>\n\u003cp>Bonner told reporters that the legal team has arranged for Abuslin to receive medical and psychiatric treatment by specialists at Stanford.\u003c/p>\n\u003cp>In her charging announcement Friday, Alameda County DA O'Malley criticized Richmond authorities for sending the key witness in a sensitive case to Florida -- ostensibly for drug treatment that the prosecutor said was readily available in the Bay Area.\u003c/p>\n\u003cp>Price expanded upon that criticism Wednesday, saying that while she didn't know Richmond officials' motives, Abuslin is not drug-addicted and sending her out of state bore the appearance of witness tampering.\u003c/p>\n\u003cp>\"She is a witness to criminal activity, a criminal conspiracy in the Bay Area,\" Price said. \"There is no reason or rhyme to why she is here in Stuart, Florida. And the fact that she was arrested in a matter of days, charged and jailed for 17 days on a felony charge is just mind-boggling.\"\u003c/p>\n\u003cp>In a report released earlier this week on his department's handling of the case, Richmond Police Chief Allwyn Brown rejected suggestions of a conspiracy.\u003c/p>\n\u003cp>\"Representations that we 'sent' this teenage witness away or had her 'removed' to Florida distort reality,\" Brown wrote.\u003c/p>\n\u003cp>But the chief added that several officers in the department could be subject to discipline because of \"individual, unconnected, non-criminal engagements and other activities that violate multiple department policies and the professional code of ethics.\"\u003c/p>\n\u003cp>Richmond City Manager Bill Lindsay told KQED's Julie Small on Wednesday that specific disciplinary recommendations will be announced \"within days.\" Because of state laws protecting police privacy, individual officers will not be named.\u003c/p>\n\u003cp>Last week, Oakland \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\" target=\"_blank\">Mayor Libby Schaaf announced\u003c/a> the city is moving to fire four officers and place seven others on leave in the sexual exploitation scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Julie Small contributed to this post. \u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The East Bay teenager at the center of a police sexual misconduct case was released from a Florida jail on Wednesday -- free to testify against police officers \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\">charged last week\u003c/a> with exploiting her when she was a minor.\u003c/p>\n\u003cp>Nineteen-year-old Jasmine Abuslin -- previously known publicly as Celeste Guap -- appeared in a Martin County, Florida, court to plead no contest to a misdemeanor count of battery. The charge grew out of an altercation at a drug treatment facility to which she'd been sent by law enforcement officials in Richmond, a move that itself is the \u003ca href=\"http://www.eastbaytimes.com/2016/09/08/richmond-police-launched-effort-to-send-celeste-guap-to-florida/\" target=\"_blank\">subject of controversy\u003c/a>.\u003c/p>\n\u003cp>Abuslin has reportedly told investigators that while working in the East Bay sex trade, she had sexual contact with as many as 30 law enforcement officers. Those officers were members of seven different agencies, apparently including the police departments in Oakland, Richmond, Livermore and San Francisco and the sheriff's offices in Alameda and Contra Costa counties.\u003c/p>\n\u003cp>Last Friday, Alameda County District Attorney Nancy O'Malley announced her office was bringing charges against seven men, including five Oakland police officers, one from Livermore and a sheriff's deputy from Contra Costa County. The charges include oral copulation with a minor, engaging in an act of prostitution, obstruction of justice and unauthorized access to law enforcement computer systems.\u003c/p>\n\u003cp>Abuslin's attorney, Pamela Price, said that in addition to helping her client through criminal proceedings against the accused police officers, she and fellow lawyer Charles Bonner plan to sue the seven jurisdictions believed to be involved in the case. She said she also hopes that state and federal agencies will take over the investigation into sex trafficking involving police officers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Abuslin \"is not the only one\" who has been victimized, Price said. She alleged a \"network of police officers\" is involved.\u003c/p>\n\u003cp>\"You cannot have this many officers engaged in this conduct across jurisdictional lines without an internal network and communication amongst all of them,\" Price said.\u003c/p>\n\u003cp>Asked repeatedly whether officers had paid Abuslin in exchange for sex, Price said, \"This child has been kidnapped, she has been placed in fear of her life, she has been held against her will in multiple locations in the Bay Area. So whether or not someone gave her a dollar or a dime is irrelevant.\"\u003c/p>\n\u003cp>Price said Abuslin had been trafficked since the age of 12 and decided to drop her pseudonym as part of moving on with her life after the exploitation case made her the center of often hostile attention on social media.\u003c/p>\n\u003cp>\"Celeste Guap is dead,\" Price said during a press conference in Stuart, Florida.\u003c/p>\n\u003cp>Guap, Price said, was \"blasted all over the news with Kardashian-like celebrity status (and) was a victim of child sex trafficking.\"\u003c/p>\n\u003cp>Abuslin, on the other hand, \"is a young woman who is going to find herself, who wants to become a veterinarian. She's going to go back to school, she's going to create a life that every young woman should have,\" Price said. \"Jasmine is going to have a second chance\" at life.\u003c/p>\n\u003cp>Bonner told reporters that the legal team has arranged for Abuslin to receive medical and psychiatric treatment by specialists at Stanford.\u003c/p>\n\u003cp>In her charging announcement Friday, Alameda County DA O'Malley criticized Richmond authorities for sending the key witness in a sensitive case to Florida -- ostensibly for drug treatment that the prosecutor said was readily available in the Bay Area.\u003c/p>\n\u003cp>Price expanded upon that criticism Wednesday, saying that while she didn't know Richmond officials' motives, Abuslin is not drug-addicted and sending her out of state bore the appearance of witness tampering.\u003c/p>\n\u003cp>\"She is a witness to criminal activity, a criminal conspiracy in the Bay Area,\" Price said. \"There is no reason or rhyme to why she is here in Stuart, Florida. And the fact that she was arrested in a matter of days, charged and jailed for 17 days on a felony charge is just mind-boggling.\"\u003c/p>\n\u003cp>In a report released earlier this week on his department's handling of the case, Richmond Police Chief Allwyn Brown rejected suggestions of a conspiracy.\u003c/p>\n\u003cp>\"Representations that we 'sent' this teenage witness away or had her 'removed' to Florida distort reality,\" Brown wrote.\u003c/p>\n\u003cp>But the chief added that several officers in the department could be subject to discipline because of \"individual, unconnected, non-criminal engagements and other activities that violate multiple department policies and the professional code of ethics.\"\u003c/p>\n\u003cp>Richmond City Manager Bill Lindsay told KQED's Julie Small on Wednesday that specific disciplinary recommendations will be announced \"within days.\" Because of state laws protecting police privacy, individual officers will not be named.\u003c/p>\n\u003cp>Last week, Oakland \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\" target=\"_blank\">Mayor Libby Schaaf announced\u003c/a> the city is moving to fire four officers and place seven others on leave in the sexual exploitation scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Julie Small contributed to this post. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Legislation Inspired by Rape Cases Triggers Debate",
"title": "Legislation Inspired by Rape Cases Triggers Debate",
"headTitle": "Election 2016 | The California Report | KQED News",
"content": "\u003cp>When she was just 13, Norma Hernandez accepted a ride from a man who claimed to know a close family friend.\u003c/p>\n\u003cp>“I trusted him (but) was soon terrified for my life when he drove me away from my home to a grove of almond trees and held me down and raped me,\" she said.\u003c/p>\n\u003cp>Hernandez, now a grown woman, shared her story at a press conference in support of \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB813\">Senate Bill 813\u003c/a>. It would eliminate the statute of limitations for rape in California.\u003c/p>\n\u003cp>“The police and the prosecutor told me, though I had enough DNA evidence, there was nothing they could do because I didn’t come forward sooner,\" Hernandez said.\u003c/p>\n\u003cp>She was joined by a group of women who allege they were \u003ca href=\"https://ww2.kqed.org/arts/2016/05/24/bill-cosby-ordered-to-stand-trial-in-sex-assault-case/\">assaulted by comedian Bill Cosby\u003c/a>. Several of them say they’re still traumatized years after their alleged attacks. But for many of these women the legal time limit for filing charges has passed. The bill's author, Senator Connie Leyva (D-Chino), says that's wrong.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I don’t care how many people are in our jails,\" she said. \"If someone has committed a crime, especially a crime as violent as rape, they should be prosecuted and they should be put in jail if they are found guilty.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"cwZLjOAX5yek0XgN7Z5Na2G8dvsugDK0\"]\u003c/p>\n\u003cp>Leyva's bill is one of several this year inspired by a high-profile criminal case. But the bill's one-size-fits-all approach doesn’t sit well with the California ACLU’s Natasha Minsker. Her organization opposes Levya’s measure. Minsker says high-profile cases put pressure on lawmakers to act. She points to California’s three-strikes law.\u003c/p>\n\u003cp>“The mandatory minimum prison sentence of three strikes was enacted in response to the Polly Klaas murder,\" she said. \"A horrific case that captured headlines and really upset people for good reason and then led to bad policy.”\u003c/p>\n\u003cp>In 2012 voters approved a ballot measure that toned down the three-strikes law.\u003c/p>\n\u003cp>The ACLU also opposes \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2888\">Assembly Bill 2888\u003c/a> to require mandatory prison time for rape and other sexual assaults. The measure was inspired by the case of former Stanford swimmer \u003ca href=\"https://ww2.kqed.org/news/tag/brock-turner/\" target=\"_blank\">Brock Turner\u003c/a>, who was sentenced to\u003ca href=\"https://ww2.kqed.org/news/2016/09/02/brock-turner-released-from-jail-after-three-months/\"> just six months in jail\u003c/a> and three years probation after being convicted on three felony sexual assault charges. The sentence infuriated people throughout the country and even led to a recall effort against the judge who sentenced Turner. The case also inspired \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB701\">Assembly Bill 701\u003c/a>. It would expand the state’s definition of rape.\u003c/p>\n\u003cp>Emily Austin is with the California Coalition Against Sexual Assault, which is neutral on both SB 813 and AB 2888. Austin says judges and prosecutors need different choices for punishment, like rehabilitation, with a focus on eradicating sexual violence.\u003c/p>\n\u003cp>“We’re in a moment where there’s a tension between what accountability looks like,\" Austin said. \"We’re trying to develop a more robust and comprehensive idea of accountability that may not be just locking someone away.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>These bills come at time of transition for California’s criminal justice system. For several years the state was under a federal court order to reduce its prison population. And several measures on the November ballot deal with sentencing reform. Those are issues Gov. Jerry Brown may take into account when deciding whether to sign or veto these bills.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When she was just 13, Norma Hernandez accepted a ride from a man who claimed to know a close family friend.\u003c/p>\n\u003cp>“I trusted him (but) was soon terrified for my life when he drove me away from my home to a grove of almond trees and held me down and raped me,\" she said.\u003c/p>\n\u003cp>Hernandez, now a grown woman, shared her story at a press conference in support of \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB813\">Senate Bill 813\u003c/a>. It would eliminate the statute of limitations for rape in California.\u003c/p>\n\u003cp>“The police and the prosecutor told me, though I had enough DNA evidence, there was nothing they could do because I didn’t come forward sooner,\" Hernandez said.\u003c/p>\n\u003cp>She was joined by a group of women who allege they were \u003ca href=\"https://ww2.kqed.org/arts/2016/05/24/bill-cosby-ordered-to-stand-trial-in-sex-assault-case/\">assaulted by comedian Bill Cosby\u003c/a>. Several of them say they’re still traumatized years after their alleged attacks. But for many of these women the legal time limit for filing charges has passed. The bill's author, Senator Connie Leyva (D-Chino), says that's wrong.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I don’t care how many people are in our jails,\" she said. \"If someone has committed a crime, especially a crime as violent as rape, they should be prosecuted and they should be put in jail if they are found guilty.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Leyva's bill is one of several this year inspired by a high-profile criminal case. But the bill's one-size-fits-all approach doesn’t sit well with the California ACLU’s Natasha Minsker. Her organization opposes Levya’s measure. Minsker says high-profile cases put pressure on lawmakers to act. She points to California’s three-strikes law.\u003c/p>\n\u003cp>“The mandatory minimum prison sentence of three strikes was enacted in response to the Polly Klaas murder,\" she said. \"A horrific case that captured headlines and really upset people for good reason and then led to bad policy.”\u003c/p>\n\u003cp>In 2012 voters approved a ballot measure that toned down the three-strikes law.\u003c/p>\n\u003cp>The ACLU also opposes \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2888\">Assembly Bill 2888\u003c/a> to require mandatory prison time for rape and other sexual assaults. The measure was inspired by the case of former Stanford swimmer \u003ca href=\"https://ww2.kqed.org/news/tag/brock-turner/\" target=\"_blank\">Brock Turner\u003c/a>, who was sentenced to\u003ca href=\"https://ww2.kqed.org/news/2016/09/02/brock-turner-released-from-jail-after-three-months/\"> just six months in jail\u003c/a> and three years probation after being convicted on three felony sexual assault charges. The sentence infuriated people throughout the country and even led to a recall effort against the judge who sentenced Turner. The case also inspired \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB701\">Assembly Bill 701\u003c/a>. It would expand the state’s definition of rape.\u003c/p>\n\u003cp>Emily Austin is with the California Coalition Against Sexual Assault, which is neutral on both SB 813 and AB 2888. Austin says judges and prosecutors need different choices for punishment, like rehabilitation, with a focus on eradicating sexual violence.\u003c/p>\n\u003cp>“We’re in a moment where there’s a tension between what accountability looks like,\" Austin said. \"We’re trying to develop a more robust and comprehensive idea of accountability that may not be just locking someone away.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>These bills come at time of transition for California’s criminal justice system. For several years the state was under a federal court order to reduce its prison population. And several measures on the November ballot deal with sentencing reform. Those are issues Gov. Jerry Brown may take into account when deciding whether to sign or veto these bills.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Wells Fargo Says It Will Clean Up Its Act in Wake of Big Fine",
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"content": "\u003cp>Wells Fargo is cutting its aggressive product sales goals for retail bankers, the San Francisco-based bank announced Tuesday after state and federal regulators \u003ca href=\"https://ww2.kqed.org/news/2016/09/08/wells-fargo-fined-185-million-over-creation-of-fake-accounts/\" target=\"_blank\">fined it $185 million\u003c/a> last week for allegedly opening millions of unauthorized accounts to meet those targets.\u003c/p>\n\u003cp>The product sales goals will be eliminated by Jan. 1, the bank said in a brief statement.\u003c/p>\n\u003cp>Regulators said in announcing the fine that Wells Fargo sales staff opened more than 2 million bank and credit card accounts that customers may not have authorized, and money in their accounts was transferred to the new accounts without authorization. Debit cards were issued and activated, as well as PINs created, without telling customers.\u003c/p>\n\u003cp>In some cases, Wells Fargo employees even created fake email addresses to sign up customers for online banking services, regulators said.\u003c/p>\n\u003cp>Wells Fargo has been known for its aggressive sales goals for its employees. Bank executives highlight every quarter the so-called cross-sale ratio, which is the number of products the bank sells to each of their individual customers. The ratio hovers around six, which means every customer of Wells Fargo has on average six different types of products with the bank. Wells Fargo also had a program called go for \"Gr-Eight,\" a companywide push to get more than eight products per household — a metric that the program never reached.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The executive who ran Wells' consumer banking division, Carrie Tolstedt, had announced earlier that she would retire from Wells at the end of the year. Despite running this troubled division of Wells, Tolstedt, 56, will walk away with roughly $125 million in compensation in a mix of salary and stock options.\u003c/p>\n\u003cp>Wells Fargo declined to comment on whether it was considering implementing its executive compensation clawback provisions regarding Tolstedt. The bank adopted a somewhat aggressive clawback provision in 2013 that would apply to Tolstedt as a highly paid executive. One of the triggers for Wells' provision could be if the executive's business group \"suffers a material failure of risk management\" or misconduct that \"expected to have reputational or other harm to the company.\"\u003c/p>\n\u003cp>The Consumer Financial Protection Bureau fined the bank $100 million, the largest fine the agency has levied against a financial institution since it was created five years ago. The bank will also pay $35 million to the Office of the Comptroller of the Currency and $50 million to the City and County of Los Angeles. It will also pay restitution to affected customers.\u003c/p>\n\u003cp>Roughly 5,300 employees at Wells Fargo were fired in connection with this behavior, according to the city attorney's office.\u003c/p>\n\u003cp>Wells Fargo has said it regrets \"any instances where customers may have received a product that they did not request\" and that it has refunded $2.6 million in fees associated with products that were opened without authorization.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bank's shares dropped more than 2 percent to $47.12 in morning trading Tuesday.\u003c/p>\n\n",
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"nprByline": "\u003cstrong>\u003ca href=\"https://twitter.com/kensweet\" target=\"_blank\">Ken Sweet\u003c/a>\u003cbr />Associated Press\u003c/strong?",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Wells Fargo is cutting its aggressive product sales goals for retail bankers, the San Francisco-based bank announced Tuesday after state and federal regulators \u003ca href=\"https://ww2.kqed.org/news/2016/09/08/wells-fargo-fined-185-million-over-creation-of-fake-accounts/\" target=\"_blank\">fined it $185 million\u003c/a> last week for allegedly opening millions of unauthorized accounts to meet those targets.\u003c/p>\n\u003cp>The product sales goals will be eliminated by Jan. 1, the bank said in a brief statement.\u003c/p>\n\u003cp>Regulators said in announcing the fine that Wells Fargo sales staff opened more than 2 million bank and credit card accounts that customers may not have authorized, and money in their accounts was transferred to the new accounts without authorization. Debit cards were issued and activated, as well as PINs created, without telling customers.\u003c/p>\n\u003cp>In some cases, Wells Fargo employees even created fake email addresses to sign up customers for online banking services, regulators said.\u003c/p>\n\u003cp>Wells Fargo has been known for its aggressive sales goals for its employees. Bank executives highlight every quarter the so-called cross-sale ratio, which is the number of products the bank sells to each of their individual customers. The ratio hovers around six, which means every customer of Wells Fargo has on average six different types of products with the bank. Wells Fargo also had a program called go for \"Gr-Eight,\" a companywide push to get more than eight products per household — a metric that the program never reached.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The executive who ran Wells' consumer banking division, Carrie Tolstedt, had announced earlier that she would retire from Wells at the end of the year. Despite running this troubled division of Wells, Tolstedt, 56, will walk away with roughly $125 million in compensation in a mix of salary and stock options.\u003c/p>\n\u003cp>Wells Fargo declined to comment on whether it was considering implementing its executive compensation clawback provisions regarding Tolstedt. The bank adopted a somewhat aggressive clawback provision in 2013 that would apply to Tolstedt as a highly paid executive. One of the triggers for Wells' provision could be if the executive's business group \"suffers a material failure of risk management\" or misconduct that \"expected to have reputational or other harm to the company.\"\u003c/p>\n\u003cp>The Consumer Financial Protection Bureau fined the bank $100 million, the largest fine the agency has levied against a financial institution since it was created five years ago. The bank will also pay $35 million to the Office of the Comptroller of the Currency and $50 million to the City and County of Los Angeles. It will also pay restitution to affected customers.\u003c/p>\n\u003cp>Roughly 5,300 employees at Wells Fargo were fired in connection with this behavior, according to the city attorney's office.\u003c/p>\n\u003cp>Wells Fargo has said it regrets \"any instances where customers may have received a product that they did not request\" and that it has refunded $2.6 million in fees associated with products that were opened without authorization.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bank's shares dropped more than 2 percent to $47.12 in morning trading Tuesday.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Keeping Death Investigations Free From Pressure",
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"headTitle": "The California Report | KQED News",
"content": "\u003cp>On Tuesday, June 14, Dr. Michelle Jorden stood in front of Santa Clara supervisors. She had a \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_Transcript.aspx?ID=1594&CssClass=&Frame=\">concern\u003c/a> she needed to voice:\u003c/p>\n\u003cp>“In certain cases, the sheriff's office has impeded the examiners from receiving evidence.”\u003c/p>\n\u003cp>Jorden is one of three medical examiners who determine the cause and manner of unattended, unusual, violent or accidental deaths in the county -- including deaths in jails or at the hands of law enforcement officers.\u003c/p>\n\u003cp>And at the supervisors’ \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7827&MediaPosition=&ID=81568&CssClass=\">meeting\u003c/a> in June, Jorden asked the board to remove the sheriff’s control of the medical examiner’s office.\u003c/p>\n\u003cp>“I urge you to do the right thing,” she said. “Allow us to have full independent control of our office and operate the office to the highest, highest standards possible without the potential for perceived law enforcement influence.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/282718839\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Jorden’s accusations are especially disturbing in a county where, just last year, Michael Tyree, an inmate with a mental illness, was allegedly beaten to death in the Santa Clara County Main Jail.\u003c/p>\n\u003cp>At the preliminary hearing in that case, medical examiner Joseph O’Hara said the inmate died from blunt force trauma -- and that he’d sustained injuries equivalent to being hit by a car or falling off a roof.\u003c/p>\n\u003cp>That testimony was part of what convinced a Superior Court judge that there was enough evidence for three deputies to stand trial for Tyree’s murder.\u003c/p>\n\u003cp>The county is investigating Jorden’s claims -- and is studying a proposal to remove the medical examiner’s office from the sheriff’s control.\u003c/p>\n\u003cp>Sheriff Laurie Smith called the accusation of interfering “absolutely false.”\u003c/p>\n\u003cp>\u003cstrong>Murky Autopsy Standards \u003c/strong>\u003c/p>\n\u003cp>At a time when fatal shootings of civilians have increased mistrust of law enforcement and other public institutions, there’s growing concern over how to protect and empower the person determining how that shooting victim died.\u003c/p>\n\u003cp>“Everyone needs to feel confident that the autopsy report is an objective report, done by people qualified to do the autopsy,” said state Sen. \u003ca href=\"http://sd06.senate.ca.gov/\">Richard Pan \u003c/a>(D-Sacramento), adding, “that those findings are not going to be unduly influenced or even suspected of being unduly influenced in any way.”\u003c/p>\n\u003cp>Pan, a doctor, introduced a bill this year to do just that -- in part driven by a recent scandal involving the medical examiner in Ventura County that exposed a weakness in state law.\u003cbr>\n[contextly_sidebar id=\"OTIvYzt5M3ACey9uL66e44FZnmY4QXSk\"]\u003cbr>\nOn a number of occasions, the former chief medical examiner in Ventura County ordered unqualified staff to conduct autopsies while he was out of the country. Critics say that calls into question the findings of those autopsies and raises the potential for litigation against the county. Ventura officials terminated Dr. Jon Smith but they could not prosecute him for committing a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://drive.google.com/drive/folders/0B9h9MALGgtUDUmpPWGZvTUNTTTQ\">report\u003c/a> by the Ventura County District Attorney’s Office observed that “there is no California statute which defines what constitutes an autopsy, differentiates between an autopsy and a partial autopsy, or mandates who is authorized to conduct an autopsy.”\u003c/p>\n\u003cp>In response, the district attorney urged the state Legislature to set specific standards and requirements.\u003c/p>\n\u003cp>And lawmakers responded. The Legislature passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1189\">SB 1189\u003c/a> in August. Gov. Jerry Brown has until the end of September to veto or sign the bill, which mandates that all autopsies in California are performed by a licensed physician and surgeon.\u003c/p>\n\u003cp>It also requires law enforcement to provide all information about the death to the person conducting the autopsy before completion of the investigation -- the complaint Jorden made to Santa Clara County officials and one echoed by \u003ca href=\"http://www.pathologyexpert.com/\">Dr. Judy Melinek\u003c/a>, a forensic pathologist who lobbied for the bill.\u003c/p>\n\u003cp>“People who are trying to do an independent evaluation of the death are requesting agency reports: witness statements, police reports, information from body cameras or from other physical evidence from the scene, scene photos, things like that,” said Melinek. “If there’s an ongoing criminal investigation or an internal affairs investigation, the law enforcement agency may not be forthcoming with that information.”\u003c/p>\n\u003cp>Melinek said the bill will give forensic pathologists more leverage and crack down on misconduct.\u003c/p>\n\u003cp>\u003cstrong>Differing Systems by County\u003c/strong>\u003c/p>\n\u003cp>All counties are required to investigate unattended, unusual, violent or accidental deaths, and all deaths of jail inmates, prisoners or people killed by law enforcement to figure out what caused the death and whether the death was by suicide, homicide, accidental, natural or undetermined.\u003c/p>\n\u003cp>In San Diego, San Francisco and Ventura counties, a medical examiner is in charge of those findings. Physicians who are typically board-certified forensic pathologists determine both cause and manner of death, based on autopsies they conduct and investigative reports from law enforcement.\u003c/p>\n\u003cp>In nearly all other counties in California, a \u003ca href=\"http://www.counties.org/county-office/sheriff-coroner\">sheriff-coroner\u003c/a> makes the final determination of the manner of death based on an investigation by a deputy coroner -- a sworn peace officer with specialized \u003ca href=\"http://ocsd.org/divisions/fieldops/coroner/cctc\">training\u003c/a> -- and by an autopsy conducted by a forensic pathologist.\u003c/p>\n\u003cfigure id=\"attachment_11081163\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/IMG_0031.JPG.jpeg\">\u003cimg class=\"size-medium wp-image-11081163\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/IMG_0031.JPG-800x600.jpeg\" alt=\"Forensic pathologist Dr. Judy Melinek in her office in Alameda County.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-960x720.jpeg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist Dr. Judy Melinek in her office in Alameda County. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Outside Pressure\u003c/strong>\u003c/p>\n\u003cp>Melinek says while all doctors conducting autopsies are subject to outside pressure, that pressure tends to be greater on forensic pathologists who work within the sheriff-coroner office.\u003c/p>\n\u003cp>Melinek is one of the lead authors of the position \u003ca href=\"https://netforum.avectra.com/public/temp/ClientImages/NAME/00df032d-ccab-48f8-9415-5c27f173cda6.pdf\">paper\u003c/a> of the National Association of Medical Examiners (\u003ca href=\"https://netforum.avectra.com/eweb/DynamicPage.aspx?Site=name&WebCode=AboutNAME\">NAME\u003c/a>), which asserts that the objectivity of forensic pathologists’ findings depends on freedom from political influences and the threat of litigation. The paper was based in part on the findings of a 2011 member survey.\u003c/p>\n\u003cp>NAME found that 18 percent of forensic pathologists working for a medical examiner reported they were pressured to change their findings. In coroner’s offices, that increased to 30 percent who felt pressured.\u003c/p>\n\u003cp>Even more striking, the survey found that 43 percent of forensic pathologists who worked in a coroner system reported that the coroner had changed the cause on a death certificate in a way that conflicted with the autopsy findings.\u003c/p>\n\u003cp>Melinek said the study also found that prosecutors tended to view the forensic pathologist within a coroner's office as part of the prosecutor’s team.\u003c/p>\n\u003cp>But Melinek said the person conducting the autopsy is presenting scientific findings.\u003c/p>\n\u003cp>“My job is to speak for the deceased individual and what I find on their body,” she said. “I'm not going to couch my statements based on whether it's going to help one side or the other.”\u003c/p>\n\u003cp>\u003cstrong>Building in Checks and Balances\u003c/strong>\u003c/p>\n\u003cp>The head of the \u003ca href=\"https://www.coroners.org/\">California State Coroners Association\u003c/a>, \u003ca href=\"http://cms.sbcounty.gov/sheriff/Divisions/Coroner.aspx\">Rocky Shaw\u003c/a>, acknowledged people sometimes have questions like, “ ‘How can we be certain that you are not doing something that is incorrect and everything that you are doing is transparent?’ ”\u003c/p>\n\u003cp>Shaw said one way to ensure public confidence in death investigation findings is to turn those over to another county whenever the death involves law enforcement officers.\u003c/p>\n\u003cp>Shaw said that’s the policy in San Bernardino, where he works as a supervising deputy coroner. Neighboring Riverside County handles autopsy and death investigations of officer-involved deaths.\u003c/p>\n\u003cp>Shaw said in those cases where there’s a disconnect between what the deputy coroner and forensic pathologist find, San Bernardino calls in more help.\u003c/p>\n\u003cp>“If there’s any conjecture, if there’s any discussion as to, ‘you know I’m kind of edgy about this detail,’ or if we want oversight, we have panel reviews.” Shaw said. “Or we’ll sit down with not only the deputy coroner and pathologist, but we’ll bring investigative law officers in that were out on the case as well, and we’ll all have a part in making determination as to manner.”\u003c/p>\n\u003cp>\u003cstrong>Professionalism Best Way to Prevent Bias\u003c/strong>\u003c/p>\n\u003cp>Shaw and Melinek agree that what matters most is the professionalism of the organization: the level of training and funding and the management.\u003c/p>\n\u003cp>“It's not so much the structure of the department. It's how it's run,” according to Melinek. “So you can have a medical examiner who is incompetent and doesn't run a department well or you can have a coroner who's incredibly competent and hard-working and gives the doctors working under him or her autonomy and independence and all the material and information they need.”\u003c/p>\n\u003cp>Melinek draws from her own experience. She used to work for the medical examiner in Santa Clara until the county fired the chief medical examiner for mismanagement and put the office under the sheriff’s control. Melinek quit over concerns that doing so would compromise death investigations.\u003c/p>\n\u003cp>Next she went to work for San Francisco’s medical examiner -- an agency that has struggled with backlogs and alleged misconduct. Melinek now works as an independent contractor for the Alameda County Sheriff-Coroner’s Office, where she says no one has pressured her and she’s treated with respect.\u003c/p>\n\u003caside class=\"pullquote alignright\">'My job is to speak for the deceased individual and what I find on their body,'\u003ccite>Dr. Judy Melinek\u003c/cite>\u003c/aside>\n\u003cp>Shaw says it only makes sense for the coroners to work closely with the forensic pathologist conducting the autopsy. While the sheriff-coroner decides the manner of death -- for instance, saying whether a death is a suicide or perhaps, an accidental overdose -- without significant input from the forensic pathologist it is a waste of talent and good information.\u003c/p>\n\u003cp>“If they’re just producing a cause of death -- they are just doing an autopsy and writing down the cause of death and that’s it, and they’re not involved with the investigation -- there’s a real disconnect,” he added.\u003c/p>\n\u003cp>Shaw said the goal of every sheriff-coroner office in California is getting it right.\u003c/p>\n\u003cp>“Ultimately you’re making a decision that is very, very important that you’re correct, and getting it wrong can not only be very difficult to a family member but could cost a lot of money,” he said.\u003c/p>\n\u003cp>In Santa Clara, county officials are moving forward with their own plans to protect the independence of the medical examiner’s office by separating it from the sheriff’s office.\u003c/p>\n\u003cp>The change would add $800,000 a year to the county’s budget for death investigations, primarily to pay for a chief medical examiner.\u003c/p>\n\u003cp>Santa Clara County Executive Jeff Smith said he’s calling for the change “to assure there’s not perception of -- or reality of -- inappropriate influence of enforcement on the decision-making of the medical examiner.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A subcommittee will discuss the proposal next month before putting it up for a vote by the full Board of Supervisors.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday, June 14, Dr. Michelle Jorden stood in front of Santa Clara supervisors. She had a \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_Transcript.aspx?ID=1594&CssClass=&Frame=\">concern\u003c/a> she needed to voice:\u003c/p>\n\u003cp>“In certain cases, the sheriff's office has impeded the examiners from receiving evidence.”\u003c/p>\n\u003cp>Jorden is one of three medical examiners who determine the cause and manner of unattended, unusual, violent or accidental deaths in the county -- including deaths in jails or at the hands of law enforcement officers.\u003c/p>\n\u003cp>And at the supervisors’ \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7827&MediaPosition=&ID=81568&CssClass=\">meeting\u003c/a> in June, Jorden asked the board to remove the sheriff’s control of the medical examiner’s office.\u003c/p>\n\u003cp>“I urge you to do the right thing,” she said. “Allow us to have full independent control of our office and operate the office to the highest, highest standards possible without the potential for perceived law enforcement influence.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/282718839&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/282718839'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Jorden’s accusations are especially disturbing in a county where, just last year, Michael Tyree, an inmate with a mental illness, was allegedly beaten to death in the Santa Clara County Main Jail.\u003c/p>\n\u003cp>At the preliminary hearing in that case, medical examiner Joseph O’Hara said the inmate died from blunt force trauma -- and that he’d sustained injuries equivalent to being hit by a car or falling off a roof.\u003c/p>\n\u003cp>That testimony was part of what convinced a Superior Court judge that there was enough evidence for three deputies to stand trial for Tyree’s murder.\u003c/p>\n\u003cp>The county is investigating Jorden’s claims -- and is studying a proposal to remove the medical examiner’s office from the sheriff’s control.\u003c/p>\n\u003cp>Sheriff Laurie Smith called the accusation of interfering “absolutely false.”\u003c/p>\n\u003cp>\u003cstrong>Murky Autopsy Standards \u003c/strong>\u003c/p>\n\u003cp>At a time when fatal shootings of civilians have increased mistrust of law enforcement and other public institutions, there’s growing concern over how to protect and empower the person determining how that shooting victim died.\u003c/p>\n\u003cp>“Everyone needs to feel confident that the autopsy report is an objective report, done by people qualified to do the autopsy,” said state Sen. \u003ca href=\"http://sd06.senate.ca.gov/\">Richard Pan \u003c/a>(D-Sacramento), adding, “that those findings are not going to be unduly influenced or even suspected of being unduly influenced in any way.”\u003c/p>\n\u003cp>Pan, a doctor, introduced a bill this year to do just that -- in part driven by a recent scandal involving the medical examiner in Ventura County that exposed a weakness in state law.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nOn a number of occasions, the former chief medical examiner in Ventura County ordered unqualified staff to conduct autopsies while he was out of the country. Critics say that calls into question the findings of those autopsies and raises the potential for litigation against the county. Ventura officials terminated Dr. Jon Smith but they could not prosecute him for committing a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://drive.google.com/drive/folders/0B9h9MALGgtUDUmpPWGZvTUNTTTQ\">report\u003c/a> by the Ventura County District Attorney’s Office observed that “there is no California statute which defines what constitutes an autopsy, differentiates between an autopsy and a partial autopsy, or mandates who is authorized to conduct an autopsy.”\u003c/p>\n\u003cp>In response, the district attorney urged the state Legislature to set specific standards and requirements.\u003c/p>\n\u003cp>And lawmakers responded. The Legislature passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1189\">SB 1189\u003c/a> in August. Gov. Jerry Brown has until the end of September to veto or sign the bill, which mandates that all autopsies in California are performed by a licensed physician and surgeon.\u003c/p>\n\u003cp>It also requires law enforcement to provide all information about the death to the person conducting the autopsy before completion of the investigation -- the complaint Jorden made to Santa Clara County officials and one echoed by \u003ca href=\"http://www.pathologyexpert.com/\">Dr. Judy Melinek\u003c/a>, a forensic pathologist who lobbied for the bill.\u003c/p>\n\u003cp>“People who are trying to do an independent evaluation of the death are requesting agency reports: witness statements, police reports, information from body cameras or from other physical evidence from the scene, scene photos, things like that,” said Melinek. “If there’s an ongoing criminal investigation or an internal affairs investigation, the law enforcement agency may not be forthcoming with that information.”\u003c/p>\n\u003cp>Melinek said the bill will give forensic pathologists more leverage and crack down on misconduct.\u003c/p>\n\u003cp>\u003cstrong>Differing Systems by County\u003c/strong>\u003c/p>\n\u003cp>All counties are required to investigate unattended, unusual, violent or accidental deaths, and all deaths of jail inmates, prisoners or people killed by law enforcement to figure out what caused the death and whether the death was by suicide, homicide, accidental, natural or undetermined.\u003c/p>\n\u003cp>In San Diego, San Francisco and Ventura counties, a medical examiner is in charge of those findings. Physicians who are typically board-certified forensic pathologists determine both cause and manner of death, based on autopsies they conduct and investigative reports from law enforcement.\u003c/p>\n\u003cp>In nearly all other counties in California, a \u003ca href=\"http://www.counties.org/county-office/sheriff-coroner\">sheriff-coroner\u003c/a> makes the final determination of the manner of death based on an investigation by a deputy coroner -- a sworn peace officer with specialized \u003ca href=\"http://ocsd.org/divisions/fieldops/coroner/cctc\">training\u003c/a> -- and by an autopsy conducted by a forensic pathologist.\u003c/p>\n\u003cfigure id=\"attachment_11081163\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/IMG_0031.JPG.jpeg\">\u003cimg class=\"size-medium wp-image-11081163\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/IMG_0031.JPG-800x600.jpeg\" alt=\"Forensic pathologist Dr. Judy Melinek in her office in Alameda County.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/IMG_0031.JPG-960x720.jpeg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist Dr. Judy Melinek in her office in Alameda County. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Outside Pressure\u003c/strong>\u003c/p>\n\u003cp>Melinek says while all doctors conducting autopsies are subject to outside pressure, that pressure tends to be greater on forensic pathologists who work within the sheriff-coroner office.\u003c/p>\n\u003cp>Melinek is one of the lead authors of the position \u003ca href=\"https://netforum.avectra.com/public/temp/ClientImages/NAME/00df032d-ccab-48f8-9415-5c27f173cda6.pdf\">paper\u003c/a> of the National Association of Medical Examiners (\u003ca href=\"https://netforum.avectra.com/eweb/DynamicPage.aspx?Site=name&WebCode=AboutNAME\">NAME\u003c/a>), which asserts that the objectivity of forensic pathologists’ findings depends on freedom from political influences and the threat of litigation. The paper was based in part on the findings of a 2011 member survey.\u003c/p>\n\u003cp>NAME found that 18 percent of forensic pathologists working for a medical examiner reported they were pressured to change their findings. In coroner’s offices, that increased to 30 percent who felt pressured.\u003c/p>\n\u003cp>Even more striking, the survey found that 43 percent of forensic pathologists who worked in a coroner system reported that the coroner had changed the cause on a death certificate in a way that conflicted with the autopsy findings.\u003c/p>\n\u003cp>Melinek said the study also found that prosecutors tended to view the forensic pathologist within a coroner's office as part of the prosecutor’s team.\u003c/p>\n\u003cp>But Melinek said the person conducting the autopsy is presenting scientific findings.\u003c/p>\n\u003cp>“My job is to speak for the deceased individual and what I find on their body,” she said. “I'm not going to couch my statements based on whether it's going to help one side or the other.”\u003c/p>\n\u003cp>\u003cstrong>Building in Checks and Balances\u003c/strong>\u003c/p>\n\u003cp>The head of the \u003ca href=\"https://www.coroners.org/\">California State Coroners Association\u003c/a>, \u003ca href=\"http://cms.sbcounty.gov/sheriff/Divisions/Coroner.aspx\">Rocky Shaw\u003c/a>, acknowledged people sometimes have questions like, “ ‘How can we be certain that you are not doing something that is incorrect and everything that you are doing is transparent?’ ”\u003c/p>\n\u003cp>Shaw said one way to ensure public confidence in death investigation findings is to turn those over to another county whenever the death involves law enforcement officers.\u003c/p>\n\u003cp>Shaw said that’s the policy in San Bernardino, where he works as a supervising deputy coroner. Neighboring Riverside County handles autopsy and death investigations of officer-involved deaths.\u003c/p>\n\u003cp>Shaw said in those cases where there’s a disconnect between what the deputy coroner and forensic pathologist find, San Bernardino calls in more help.\u003c/p>\n\u003cp>“If there’s any conjecture, if there’s any discussion as to, ‘you know I’m kind of edgy about this detail,’ or if we want oversight, we have panel reviews.” Shaw said. “Or we’ll sit down with not only the deputy coroner and pathologist, but we’ll bring investigative law officers in that were out on the case as well, and we’ll all have a part in making determination as to manner.”\u003c/p>\n\u003cp>\u003cstrong>Professionalism Best Way to Prevent Bias\u003c/strong>\u003c/p>\n\u003cp>Shaw and Melinek agree that what matters most is the professionalism of the organization: the level of training and funding and the management.\u003c/p>\n\u003cp>“It's not so much the structure of the department. It's how it's run,” according to Melinek. “So you can have a medical examiner who is incompetent and doesn't run a department well or you can have a coroner who's incredibly competent and hard-working and gives the doctors working under him or her autonomy and independence and all the material and information they need.”\u003c/p>\n\u003cp>Melinek draws from her own experience. She used to work for the medical examiner in Santa Clara until the county fired the chief medical examiner for mismanagement and put the office under the sheriff’s control. Melinek quit over concerns that doing so would compromise death investigations.\u003c/p>\n\u003cp>Next she went to work for San Francisco’s medical examiner -- an agency that has struggled with backlogs and alleged misconduct. Melinek now works as an independent contractor for the Alameda County Sheriff-Coroner’s Office, where she says no one has pressured her and she’s treated with respect.\u003c/p>\n\u003caside class=\"pullquote alignright\">'My job is to speak for the deceased individual and what I find on their body,'\u003ccite>Dr. Judy Melinek\u003c/cite>\u003c/aside>\n\u003cp>Shaw says it only makes sense for the coroners to work closely with the forensic pathologist conducting the autopsy. While the sheriff-coroner decides the manner of death -- for instance, saying whether a death is a suicide or perhaps, an accidental overdose -- without significant input from the forensic pathologist it is a waste of talent and good information.\u003c/p>\n\u003cp>“If they’re just producing a cause of death -- they are just doing an autopsy and writing down the cause of death and that’s it, and they’re not involved with the investigation -- there’s a real disconnect,” he added.\u003c/p>\n\u003cp>Shaw said the goal of every sheriff-coroner office in California is getting it right.\u003c/p>\n\u003cp>“Ultimately you’re making a decision that is very, very important that you’re correct, and getting it wrong can not only be very difficult to a family member but could cost a lot of money,” he said.\u003c/p>\n\u003cp>In Santa Clara, county officials are moving forward with their own plans to protect the independence of the medical examiner’s office by separating it from the sheriff’s office.\u003c/p>\n\u003cp>The change would add $800,000 a year to the county’s budget for death investigations, primarily to pay for a chief medical examiner.\u003c/p>\n\u003cp>Santa Clara County Executive Jeff Smith said he’s calling for the change “to assure there’s not perception of -- or reality of -- inappropriate influence of enforcement on the decision-making of the medical examiner.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A subcommittee will discuss the proposal next month before putting it up for a vote by the full Board of Supervisors.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "police-chief-no-crimes-by-richmond-officers-in-sexual-exploitation-scandal",
"title": "Police Chief: No Crimes by Richmond Officers in Sexual Exploitation Scandal",
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"headTitle": "Police Chief: No Crimes by Richmond Officers in Sexual Exploitation Scandal | KQED",
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"content": "\u003cp>\u003cstrong>Updated 9:45 a.m. Tuesday, Sept. 13\u003c/strong>\u003c/p>\n\u003cp>The Richmond Police Department’s investigation into allegations of sexual misconduct against 11 current and former officers found no criminal wrongdoing, according to a report provided by the city mayor’s office Monday night. The probe, however, did find multiple violations of department policy that could lead to firings and other discipline for an unspecified number of officers.\u003c/p>\n\u003cp>The Richmond teen at the center of the broad scandal has said she had sexual contact with officers from several Bay Area law enforcement agencies. The now 19-year-old woman, who goes by the name Celeste Guap, had worked in the sex trade and appears to have been sexually exploited as a minor.\u003c/p>\n\u003cp>Some of the sexual contact with police officers occurred when she was underage, according to text messages and statements she shared with various Bay Area news outlets.\u003c/p>\n\u003cp>The \u003ca href=\"#anchor\">report\u003c/a>, signed by Richmond Police Chief Allwyn Brown, also addresses the Police Department and city’s role in facilitating Guap’s transfer to an addiction treatment facility in Florida, which has fueled speculation of a cover-up and stalled a neighboring county’s \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener\">criminal prosecution of seven\u003c/a> current and former law enforcement officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Police Department did not respond to KQED’s requests for comment Monday.\u003c/p>\n\u003cp>On Friday, Alameda County District Attorney Nancy O’Malley announced that she intends to charge seven current and former police officers for their conduct related to Guap. Those pending charges include felony oral copulation with a minor against an Oakland police officer and a former Contra Costa County sheriff’s deputy.\u003c/p>\n\u003cp>O’Malley said Friday that her office’s investigation had turned up potential crimes in San Francisco, San Joaquin and Contra Costa counties, but she has no authority to prosecute outside her own jurisdiction.\u003c/p>\n\u003cp>The Richmond Police Department’s investigation focused only on Richmond officers and employees, and it uncovered no criminal wrongdoing, according to the report.\u003c/p>\n\u003cp>“Each case is unique. We found no conspiracies,” Police Chief Brown wrote. “The facts show individual, unconnected, non-criminal engagements and other activities that violate multiple Department policies and the professional Code of Ethics on the part of several RPD officers.”\u003c/p>\n\u003cp>The Richmond Police Department’s findings will make up recommendations for discipline, according to the mayor’s office, which will also include input from the city’s Department of Human Resources. Richmond’s city manager will make the final call on officer discipline, a representative of the mayor’s office said.\u003c/p>\n\u003cp>A coalition of advocacy groups have criticized Richmond’s response and Guap’s relocation to Florida, where she was recently arrested during an altercation at an addiction treatment facility.\u003c/p>\n\u003cp>She was charged Monday with misdemeanor battery, according to the \u003ca href=\"http://www.eastbaytimes.com/2016/09/12/celeste-guap-florida-prosecutor-drops-assault-charge-from-felony-to-misdemeanor/\" target=\"_blank\" rel=\"noopener\">East Bay Times\u003c/a>. O’Malley said last week that her office’s prosecutions were held up because of Guap’s unavailability, who she calls “Ms. A.”\u003c/p>\n\u003cp>“We were not consulted,” she said of the woman’s departure to Florida. “We were not informed. And we protested once we learned she had been moved. We are now working to get Ms. A back here. And if the agency that sent her to Florida does not pay for her to come back, we will pay her airfare to come back to the state.”\u003c/p>\n\u003cp>Characterizations that Richmond police “‘sent’ this teenage witness away or had her ‘removed’ to Florida distort reality,” Brown wrote, noting that Richmond “did not pay for rehab or any related expense.”\u003c/p>\n\u003cp>Guap’s transfer to Florida followed her discussions with Richmond investigators about prior victimization unrelated to law enforcement sexual misconduct, according to the report. The Richmond Police Department’s Domestic and Sexual Violence Unit supported her application to the California Victim Compensation Program for help with money for treatment, “and it was ultimately funded,” Brown wrote.\u003c/p>\n\u003cp>Richmond police investigators reviewed 10,000 text messages and cellphone records and 5,000 social media pages, according to the report. Their investigation included five recorded voluntary interviews with “the teenage witness” that spanned a total 13 hours. Investigators also contacted some 45 others.\u003c/p>\n\u003cp>The report does not include a detailed account of how many Richmond officers can expect discipline, and for what misconduct. The reason, according to Brown, is due to strict state law protections of police personnel information:\u003c/p>\n\u003cblockquote>\u003cp>All government employees have Fourth Amendment privacy protections granted by the US Constitution over their jobs — and in California, police officers have a more detailed set of protections spelled out under The Public Safety Officers’ Procedural Bill of Rights Act. Each separate violation of the Act results in a $25,000.00 fine.\u003cbr>\n[…]\u003cbr>\nAccordingly, I cannot provide a detailed accounting on corrective and or punitive recommendations affecting the subjects of our investigation. Recommendations vary in severity and span the graduated scale of options, and range from termination from employment to letters of reprimand and corrective counseling – all in proportion to the respective employees’ sustained misconduct violation(s). The investigation also exonerated/eliminated some.\u003c/p>\u003c/blockquote>\n\u003cp>Richmond Police Chief Brown began his report with an apology for the embarrassment the allegations carry:\u003c/p>\n\u003cp>“I’m sorry that the alleged misconduct of a few has brought embarrassment to the City and to the RPD — embarrassment exacerbated by continuous news media coverage of the salacious Bay Area sex scandal news story,” he wrote.\u003c/p>\n\u003cp>The Richmond Police Department first learned that some of its officers might have been involved with the woman in mid-May. But state law prohibits the sharing of personnel investigations between agencies, “so we had no named or accused employees to focus on at that time,” Brown wrote, citing a \u003ca href=\"http://kron4.com/2016/05/23/kron4-investigation-oakland-police-sex-scandal-expands/\" target=\"_blank\" rel=\"noopener\">KRON4 story\u003c/a> from May 23.\u003c/p>\n\u003cp>Brown noted that the names of five Richmond officers allegedly involved in the scandal were published by the East Bay Times in a June 30 \u003ca href=\"http://www.eastbaytimes.com/2016/06/30/opd-sex-scandal-sheriffs-deputy-resigns-richmond-officers-named/\" target=\"_blank\" rel=\"noopener\">report\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>In interviews with this newspaper, Guap identified high-ranking Richmond police officers she had sex or sexual contact with after she turned 18 in August: Lt. Andre Hill, a department spokesman; Sgt. Armando Moreno, who has worked the graveyard shift; resource officers Jerred Tong and Terrance Jackson; and Sgt. Mike Rood.\u003c/p>\u003c/blockquote>\n\u003cp>Brown called the “adult female teenager” at the center of the scandal a “self-admitted sex worker” who confounded his department’s efforts to protect her dignity with a “lack of reticence to be so publicly braggadocious about her own behavior and health issues.”\u003cbr>\n\u003ca name=\"anchor\">\u003c/a>\u003c/p>\n\u003cp>“Various legal and other privacy restrictions apply, so we cannot offer a more granular public report on this personnel investigation,” Brown wrote. “We’ve strategically withheld certain details, not because we’re trying to hide the truth, or hide from it but to protect privacy. Every public statement that we could make about this case invites more questions than we can answer without significant consequence. No criminal matters are at issue.”\u003c/p>\n\u003cp>Read the full report below:\u003c/p>\n\u003cp>[scribd id=323793639 key=key-JqwBycEEYO8AaMmAQaUk mode=scroll]\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This report was updated to make clear that while the Police Department’s investigation uncovered no crimes, it did uncover various policy violations that could result in discipline.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 9:45 a.m. Tuesday, Sept. 13\u003c/strong>\u003c/p>\n\u003cp>The Richmond Police Department’s investigation into allegations of sexual misconduct against 11 current and former officers found no criminal wrongdoing, according to a report provided by the city mayor’s office Monday night. The probe, however, did find multiple violations of department policy that could lead to firings and other discipline for an unspecified number of officers.\u003c/p>\n\u003cp>The Richmond teen at the center of the broad scandal has said she had sexual contact with officers from several Bay Area law enforcement agencies. The now 19-year-old woman, who goes by the name Celeste Guap, had worked in the sex trade and appears to have been sexually exploited as a minor.\u003c/p>\n\u003cp>Some of the sexual contact with police officers occurred when she was underage, according to text messages and statements she shared with various Bay Area news outlets.\u003c/p>\n\u003cp>The \u003ca href=\"#anchor\">report\u003c/a>, signed by Richmond Police Chief Allwyn Brown, also addresses the Police Department and city’s role in facilitating Guap’s transfer to an addiction treatment facility in Florida, which has fueled speculation of a cover-up and stalled a neighboring county’s \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener\">criminal prosecution of seven\u003c/a> current and former law enforcement officers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Police Department did not respond to KQED’s requests for comment Monday.\u003c/p>\n\u003cp>On Friday, Alameda County District Attorney Nancy O’Malley announced that she intends to charge seven current and former police officers for their conduct related to Guap. Those pending charges include felony oral copulation with a minor against an Oakland police officer and a former Contra Costa County sheriff’s deputy.\u003c/p>\n\u003cp>O’Malley said Friday that her office’s investigation had turned up potential crimes in San Francisco, San Joaquin and Contra Costa counties, but she has no authority to prosecute outside her own jurisdiction.\u003c/p>\n\u003cp>The Richmond Police Department’s investigation focused only on Richmond officers and employees, and it uncovered no criminal wrongdoing, according to the report.\u003c/p>\n\u003cp>“Each case is unique. We found no conspiracies,” Police Chief Brown wrote. “The facts show individual, unconnected, non-criminal engagements and other activities that violate multiple Department policies and the professional Code of Ethics on the part of several RPD officers.”\u003c/p>\n\u003cp>The Richmond Police Department’s findings will make up recommendations for discipline, according to the mayor’s office, which will also include input from the city’s Department of Human Resources. Richmond’s city manager will make the final call on officer discipline, a representative of the mayor’s office said.\u003c/p>\n\u003cp>A coalition of advocacy groups have criticized Richmond’s response and Guap’s relocation to Florida, where she was recently arrested during an altercation at an addiction treatment facility.\u003c/p>\n\u003cp>She was charged Monday with misdemeanor battery, according to the \u003ca href=\"http://www.eastbaytimes.com/2016/09/12/celeste-guap-florida-prosecutor-drops-assault-charge-from-felony-to-misdemeanor/\" target=\"_blank\" rel=\"noopener\">East Bay Times\u003c/a>. O’Malley said last week that her office’s prosecutions were held up because of Guap’s unavailability, who she calls “Ms. A.”\u003c/p>\n\u003cp>“We were not consulted,” she said of the woman’s departure to Florida. “We were not informed. And we protested once we learned she had been moved. We are now working to get Ms. A back here. And if the agency that sent her to Florida does not pay for her to come back, we will pay her airfare to come back to the state.”\u003c/p>\n\u003cp>Characterizations that Richmond police “‘sent’ this teenage witness away or had her ‘removed’ to Florida distort reality,” Brown wrote, noting that Richmond “did not pay for rehab or any related expense.”\u003c/p>\n\u003cp>Guap’s transfer to Florida followed her discussions with Richmond investigators about prior victimization unrelated to law enforcement sexual misconduct, according to the report. The Richmond Police Department’s Domestic and Sexual Violence Unit supported her application to the California Victim Compensation Program for help with money for treatment, “and it was ultimately funded,” Brown wrote.\u003c/p>\n\u003cp>Richmond police investigators reviewed 10,000 text messages and cellphone records and 5,000 social media pages, according to the report. Their investigation included five recorded voluntary interviews with “the teenage witness” that spanned a total 13 hours. Investigators also contacted some 45 others.\u003c/p>\n\u003cp>The report does not include a detailed account of how many Richmond officers can expect discipline, and for what misconduct. The reason, according to Brown, is due to strict state law protections of police personnel information:\u003c/p>\n\u003cblockquote>\u003cp>All government employees have Fourth Amendment privacy protections granted by the US Constitution over their jobs — and in California, police officers have a more detailed set of protections spelled out under The Public Safety Officers’ Procedural Bill of Rights Act. Each separate violation of the Act results in a $25,000.00 fine.\u003cbr>\n[…]\u003cbr>\nAccordingly, I cannot provide a detailed accounting on corrective and or punitive recommendations affecting the subjects of our investigation. Recommendations vary in severity and span the graduated scale of options, and range from termination from employment to letters of reprimand and corrective counseling – all in proportion to the respective employees’ sustained misconduct violation(s). The investigation also exonerated/eliminated some.\u003c/p>\u003c/blockquote>\n\u003cp>Richmond Police Chief Brown began his report with an apology for the embarrassment the allegations carry:\u003c/p>\n\u003cp>“I’m sorry that the alleged misconduct of a few has brought embarrassment to the City and to the RPD — embarrassment exacerbated by continuous news media coverage of the salacious Bay Area sex scandal news story,” he wrote.\u003c/p>\n\u003cp>The Richmond Police Department first learned that some of its officers might have been involved with the woman in mid-May. But state law prohibits the sharing of personnel investigations between agencies, “so we had no named or accused employees to focus on at that time,” Brown wrote, citing a \u003ca href=\"http://kron4.com/2016/05/23/kron4-investigation-oakland-police-sex-scandal-expands/\" target=\"_blank\" rel=\"noopener\">KRON4 story\u003c/a> from May 23.\u003c/p>\n\u003cp>Brown noted that the names of five Richmond officers allegedly involved in the scandal were published by the East Bay Times in a June 30 \u003ca href=\"http://www.eastbaytimes.com/2016/06/30/opd-sex-scandal-sheriffs-deputy-resigns-richmond-officers-named/\" target=\"_blank\" rel=\"noopener\">report\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>In interviews with this newspaper, Guap identified high-ranking Richmond police officers she had sex or sexual contact with after she turned 18 in August: Lt. Andre Hill, a department spokesman; Sgt. Armando Moreno, who has worked the graveyard shift; resource officers Jerred Tong and Terrance Jackson; and Sgt. Mike Rood.\u003c/p>\u003c/blockquote>\n\u003cp>Brown called the “adult female teenager” at the center of the scandal a “self-admitted sex worker” who confounded his department’s efforts to protect her dignity with a “lack of reticence to be so publicly braggadocious about her own behavior and health issues.”\u003cbr>\n\u003ca name=\"anchor\">\u003c/a>\u003c/p>\n\u003cp>“Various legal and other privacy restrictions apply, so we cannot offer a more granular public report on this personnel investigation,” Brown wrote. “We’ve strategically withheld certain details, not because we’re trying to hide the truth, or hide from it but to protect privacy. Every public statement that we could make about this case invites more questions than we can answer without significant consequence. No criminal matters are at issue.”\u003c/p>\n\u003cp>Read the full report below:\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/323793639/content?start_page=1&view_mode=&access_key=key-JqwBycEEYO8AaMmAQaUk\"\n title=\"http://www.scribd.com/doc/323793639\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_323793639\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/323793639\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Brown Sees Proposition 57 as Key to Ending Court's Oversight of Prisons",
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"content": "\u003cp>Forty years ago, when Jerry Brown was first governor, he signed a law that dramatically changed the way California sentenced criminal offenders. Previously, under the indeterminate sentencing law, many inmates received inconclusive sentences instead of a fixed term. It was up to a parole board to decide when an inmate was ready to re-enter society.\u003c/p>\n\u003cp>Under the law signed by Brown in 1976, the state shifted to a determinate sentencing structure -- and in the years following, lawmakers and voters piled on dozens more laws that added years to prisoners' terms.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think, if anything, this is the greatest step we could take for public safety in California.'\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>Four decades later, California is under a court order to reduce its prison population because of severe overcrowding that led to inhumane conditions. Since returning to the governor's office five years ago, Brown has made reducing that population one of his main priorities and has instated a number of major criminal justice policy shifts.\u003c/p>\n\u003cp>Now the governor thinks he has the final piece of the puzzle: Proposition 57.\u003c/p>\n\u003cp>The ballot measure by Brown will make it easier for many felons to get paroled from state prison. It will appear before voters Nov. 8 -- and much of the campaign for the initiative has focused on encouraging inmates to better themselves by giving them an incentive to participate in rehabilitative programs.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a recent exclusive interview with KQED News, Brown said the ballot measure is also a way to finally get out of the decade-long court oversight.\u003c/p>\n\u003cp>\"That's why we're here,\" he said, calling Proposition 57 a \"rational\" way to reduce the prison population while maintaining public safety.\u003c/p>\n\u003cp>The measure will let inmates earn more “good-time” credits for participating in programs and allow people convicted of crimes considered nonviolent under state law to go before the parole board before serving their entire sentence.\u003c/p>\n\u003cp>Prosecutors oppose Proposition 57, saying it’s vague and could lead to the release of dangerous criminals. Sacramento District Attorney Anne Marie Schubert said many crimes that are violent are considered nonviolent under state law, and that allowing people to be released early violates a compact the state made with victims.\u003c/p>\n\u003cp>\"You might have a guy that gets sentenced by a judge and after having heard from a defense attorney and a DA and a victim and the defendant, and the judge says, 'Mr. Jones, I sentence you to 25 years. That's based upon the crimes. It's based upon these enhancements. It's based upon your prior convictions for violent crimes. You have 25 years,' \" she said. \"Now, the victim who had the courage and fortitude to come into a courtroom and testify, say on a domestic violence case -- poof. That's all gone.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"vxiZoXnHhCj8B1qd1Ik8jskE2lPYYBo5\"]\u003c/p>\n\u003cp>She called the measure \"very dangerous for California\" and \"disgraceful for victims of crime.\"\u003c/p>\n\u003cp>But Brown argued the ballot measure’s provisions are a natural extension of actions the court has already ordered the state to undertake. Currently, many people in prison under the state's three-strikes law are being paroled early under a process similar to what Proposition 57 proposes.\u003c/p>\n\u003cp>\"Eighty percent of what Proposition 57 does is being done right now under the force of a court order. It is backed up by the United States Supreme Court and which we cannot change unless they say our remedy, in this case Proposition 57, is durable and serves the end of justice,\" Brown said.\u003c/p>\n\u003cp>He said the changes must be combined with rehabilitative programs.\u003c/p>\n\u003cp>\"Education, junior college programs, drug treatment, more intensive mental health,\" he said. \"All these things that will take people -- many have been abused as children, neglected, starting narcotics when they are 10 or 12, and are turning their lives around with some professional help.\"\u003c/p>\n\u003cp>The governor says inmates will be more inclined to participate in those programs if they have the opportunity to leave prison sooner -- and that society will be safer if they leave prison rehabilitated.\u003c/p>\n\u003cp>\"I think, if anything, this is the greatest step we could take for public safety in California,\" Brown said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration with four public media organizations in California to cover the 2016 election. This includes \u003ca href=\"http://kpcc.org/\" target=\"_blank\">KPCC in Los Angeles\u003c/a>,\u003ca href=\"http://www.kqed.org/\" target=\"_blank\">KQED in San Francisco\u003c/a>, \u003ca href=\"http://www.capradio.org/\" target=\"_blank\">Capital Public Radio in Sacramento\u003c/a> and \u003ca href=\"http://www.kpbs.org/\" target=\"_blank\">KPBS in San Diego\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Forty years ago, when Jerry Brown was first governor, he signed a law that dramatically changed the way California sentenced criminal offenders. Previously, under the indeterminate sentencing law, many inmates received inconclusive sentences instead of a fixed term. It was up to a parole board to decide when an inmate was ready to re-enter society.\u003c/p>\n\u003cp>Under the law signed by Brown in 1976, the state shifted to a determinate sentencing structure -- and in the years following, lawmakers and voters piled on dozens more laws that added years to prisoners' terms.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think, if anything, this is the greatest step we could take for public safety in California.'\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>Four decades later, California is under a court order to reduce its prison population because of severe overcrowding that led to inhumane conditions. Since returning to the governor's office five years ago, Brown has made reducing that population one of his main priorities and has instated a number of major criminal justice policy shifts.\u003c/p>\n\u003cp>Now the governor thinks he has the final piece of the puzzle: Proposition 57.\u003c/p>\n\u003cp>The ballot measure by Brown will make it easier for many felons to get paroled from state prison. It will appear before voters Nov. 8 -- and much of the campaign for the initiative has focused on encouraging inmates to better themselves by giving them an incentive to participate in rehabilitative programs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a recent exclusive interview with KQED News, Brown said the ballot measure is also a way to finally get out of the decade-long court oversight.\u003c/p>\n\u003cp>\"That's why we're here,\" he said, calling Proposition 57 a \"rational\" way to reduce the prison population while maintaining public safety.\u003c/p>\n\u003cp>The measure will let inmates earn more “good-time” credits for participating in programs and allow people convicted of crimes considered nonviolent under state law to go before the parole board before serving their entire sentence.\u003c/p>\n\u003cp>Prosecutors oppose Proposition 57, saying it’s vague and could lead to the release of dangerous criminals. Sacramento District Attorney Anne Marie Schubert said many crimes that are violent are considered nonviolent under state law, and that allowing people to be released early violates a compact the state made with victims.\u003c/p>\n\u003cp>\"You might have a guy that gets sentenced by a judge and after having heard from a defense attorney and a DA and a victim and the defendant, and the judge says, 'Mr. Jones, I sentence you to 25 years. That's based upon the crimes. It's based upon these enhancements. It's based upon your prior convictions for violent crimes. You have 25 years,' \" she said. \"Now, the victim who had the courage and fortitude to come into a courtroom and testify, say on a domestic violence case -- poof. That's all gone.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>She called the measure \"very dangerous for California\" and \"disgraceful for victims of crime.\"\u003c/p>\n\u003cp>But Brown argued the ballot measure’s provisions are a natural extension of actions the court has already ordered the state to undertake. Currently, many people in prison under the state's three-strikes law are being paroled early under a process similar to what Proposition 57 proposes.\u003c/p>\n\u003cp>\"Eighty percent of what Proposition 57 does is being done right now under the force of a court order. It is backed up by the United States Supreme Court and which we cannot change unless they say our remedy, in this case Proposition 57, is durable and serves the end of justice,\" Brown said.\u003c/p>\n\u003cp>He said the changes must be combined with rehabilitative programs.\u003c/p>\n\u003cp>\"Education, junior college programs, drug treatment, more intensive mental health,\" he said. \"All these things that will take people -- many have been abused as children, neglected, starting narcotics when they are 10 or 12, and are turning their lives around with some professional help.\"\u003c/p>\n\u003cp>The governor says inmates will be more inclined to participate in those programs if they have the opportunity to leave prison sooner -- and that society will be safer if they leave prison rehabilitated.\u003c/p>\n\u003cp>\"I think, if anything, this is the greatest step we could take for public safety in California,\" Brown said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration with four public media organizations in California to cover the 2016 election. This includes \u003ca href=\"http://kpcc.org/\" target=\"_blank\">KPCC in Los Angeles\u003c/a>,\u003ca href=\"http://www.kqed.org/\" target=\"_blank\">KQED in San Francisco\u003c/a>, \u003ca href=\"http://www.capradio.org/\" target=\"_blank\">Capital Public Radio in Sacramento\u003c/a> and \u003ca href=\"http://www.kpbs.org/\" target=\"_blank\">KPBS in San Diego\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Alameda County To Charge 7 Cops With Sexually Exploiting Teenager",
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"content": "\u003cp>Alameda County District Attorney Nancy O'Malley announced Friday that her office is filing criminal charges against seven current and former East Bay police officers for the alleged sexual exploitation of a teenager from Richmond.\u003c/p>\n\u003cp>The current and former officers, including five from the Oakland Police Department, one from the Livermore Police Department and one from the Contra Costa County Sheriff's Office, face a range of charges, including oral copulation with a minor, engaging in a lewd act in a public place, engaging in an act of prostitution, obstruction of justice and unauthorized access to law enforcement computer systems.\u003c/p>\n\u003cp>O'Malley said in a noon press conference in Oakland that the investigation was exhaustive in its search for evidence and that \"every resource has been expended in uncovering that truth.\"\u003c/p>\n\u003cp>The victim, now 19, goes by the name of Celeste Guap. O'Malley referred to her as \"Ms. A.\"\u003c/p>\n\u003cp>The district attorney said that the investigation, which reviewed nearly 150,000 social media messages, pictures and texts, found no evidence that any of the officers had engaged in sexual acts with Ms. A while they were on duty.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She added that no evidence surfaced that Ms. A ever had personal contact with Oakland police Officer Brendan O'Brien, who reportedly mentioned being involved with the teenager in a suicide note found after he took his own life a year ago.\u003c/p>\n\u003cp>O'Malley said charges are being filed against:\u003c/p>\n\u003cul>\n\u003cli>Ricardo Perez, Contra Costa County Sheriff's Office (resigned): one count of oral copulation with a minor (felony) and one count of engaging in a lewd act in a public place (misdemeanor).\u003c/li>\n\u003cli>Dan Black, Livermore Police Department (resigned): two counts of engaging in an act of prostitution, two counts of engaging in lewd acts in a public place (all misdemeanors).\u003c/li>\n\u003cli>Brian Bunton, Oakland Police Department: one count of obstruction of justice (felony) and one count of engaging in an act of prostitution (misdemeanor).\u003c/li>\n\u003cli>Terryl Smith, Oakland Police Department (resigned): Four counts of unauthorized access to a criminal justice computer system (misdemeanors). O'Malley said investigators believe Smith had sexual contact with Ms. A in Contra Costa County, which is outside her office's jurisdiction. Earlier this year, Contra Costa County authorities declined to bring charges against Smith.\u003c/li>\n\u003cli>Warit Utappa: One count of unauthorized access to a criminal justice computer system (misdemeanor). O'Malley said investigators believe Smith had sexual contact with Ms. A in Contra Costa County, which is outside her office's jurisdiction.\u003c/li>\n\u003cli>Leroy Johnson, Oakland Police Department (retired): One count of failing to report sexual misconduct involving a minor.\u003c/li>\n\u003cli>Giovani LoVerde, Oakland Police Department: One count of oral copulation with a minor (felony).\u003c/li>\n\u003c/ul>\n\u003cp>In a series of interviews with police investigators and in media interviews, Ms. A had alleged having sexual contact with 30 or more officers. News accounts included text messages between Ms. A and men identified as police officers. Many Bay Area law enforcement officers had become her friends on Facebook -- including \u003ca href=\"https://ww2.kqed.org/news/2016/07/14/at-least-2-dozen-sfpd-officers-tied-to-teen-at-center-of-sexual-exploitation/\" target=\"_blank\">at least two dozen\u003c/a> from San Francisco.\u003c/p>\n\u003cp>But O'Malley said the available evidence, obtained in interviews with Ms. A and other witnesses as well as from the voluminous social media and electronic records, failed to support charges against more officers.\u003c/p>\n\u003cp>\"We determined that the extrinsic evidence contradicts or sheds reasonable doubt on allegations of criminal conduct, such as serious inconsistencies in the statements taken from the witness or contradictions between the witness's statements and the social media messaging,\" O'Malley said.\u003c/p>\n\u003cp>O'Malley also emphasized the victim's participation will be crucial to the prosecution of the charged officers.\u003c/p>\n\u003cp>The Richmond Police Department -- one of the law enforcement agencies whose officers have been accused of involvement with Ms. A -- \u003ca href=\"http://www.eastbaytimes.com/2016/09/08/richmond-police-launched-effort-to-send-celeste-guap-to-florida/\" target=\"_blank\">arranged to send her \u003c/a>to a rehab facility in Florida last month. She's now in jail there facing battery charges stemming from an altercation at the treatment facility.\u003c/p>\n\u003cp>O'Malley criticized Richmond officials for failing to notify her office of its plans to send the key witness in the case out of state, especially when she could have been treated someplace in the Bay Area.\u003c/p>\n\u003cp>\"We were not consulted,\" she said. \"We were not informed. And we protested once we learned she had been moved. We are now working to get Ms. A back here. And if the agency that sent her to Florida does not pay for her to come back, we will pay her airfare to come back to the state.\"\u003c/p>\n\u003cp>Earlier this week, \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\">Oakland officials announced\u003c/a> they're moving to fire four officers and discipline seven others in connection with the case.\u003c/p>\n\u003cp>The allegations that dozens of officers in Oakland and elsewhere had exploited a teenager working in the sex trade triggered a period of unprecedented turmoil in a department that has had more than its share of scandals and embarrassments in the last couple of decades.\u003c/p>\n\u003cp>Police Chief Sean Whent’s handling of the case is believed to have led directly to his \u003ca href=\"https://ww2.kqed.org/news/2016/06/09/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\">abrupt resignation\u003c/a> in June, a move that was followed by the \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">appointment and departure\u003c/a> of two interim chiefs within an eight-day span. The Police Department is currently under the control of City Administrator Sabrina Landreth until the city hires a permanent chief.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This is a breaking story and will be updated.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Nancy O'Malley announced Friday that her office is filing criminal charges against seven current and former East Bay police officers for the alleged sexual exploitation of a teenager from Richmond.\u003c/p>\n\u003cp>The current and former officers, including five from the Oakland Police Department, one from the Livermore Police Department and one from the Contra Costa County Sheriff's Office, face a range of charges, including oral copulation with a minor, engaging in a lewd act in a public place, engaging in an act of prostitution, obstruction of justice and unauthorized access to law enforcement computer systems.\u003c/p>\n\u003cp>O'Malley said in a noon press conference in Oakland that the investigation was exhaustive in its search for evidence and that \"every resource has been expended in uncovering that truth.\"\u003c/p>\n\u003cp>The victim, now 19, goes by the name of Celeste Guap. O'Malley referred to her as \"Ms. A.\"\u003c/p>\n\u003cp>The district attorney said that the investigation, which reviewed nearly 150,000 social media messages, pictures and texts, found no evidence that any of the officers had engaged in sexual acts with Ms. A while they were on duty.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She added that no evidence surfaced that Ms. A ever had personal contact with Oakland police Officer Brendan O'Brien, who reportedly mentioned being involved with the teenager in a suicide note found after he took his own life a year ago.\u003c/p>\n\u003cp>O'Malley said charges are being filed against:\u003c/p>\n\u003cul>\n\u003cli>Ricardo Perez, Contra Costa County Sheriff's Office (resigned): one count of oral copulation with a minor (felony) and one count of engaging in a lewd act in a public place (misdemeanor).\u003c/li>\n\u003cli>Dan Black, Livermore Police Department (resigned): two counts of engaging in an act of prostitution, two counts of engaging in lewd acts in a public place (all misdemeanors).\u003c/li>\n\u003cli>Brian Bunton, Oakland Police Department: one count of obstruction of justice (felony) and one count of engaging in an act of prostitution (misdemeanor).\u003c/li>\n\u003cli>Terryl Smith, Oakland Police Department (resigned): Four counts of unauthorized access to a criminal justice computer system (misdemeanors). O'Malley said investigators believe Smith had sexual contact with Ms. A in Contra Costa County, which is outside her office's jurisdiction. Earlier this year, Contra Costa County authorities declined to bring charges against Smith.\u003c/li>\n\u003cli>Warit Utappa: One count of unauthorized access to a criminal justice computer system (misdemeanor). O'Malley said investigators believe Smith had sexual contact with Ms. A in Contra Costa County, which is outside her office's jurisdiction.\u003c/li>\n\u003cli>Leroy Johnson, Oakland Police Department (retired): One count of failing to report sexual misconduct involving a minor.\u003c/li>\n\u003cli>Giovani LoVerde, Oakland Police Department: One count of oral copulation with a minor (felony).\u003c/li>\n\u003c/ul>\n\u003cp>In a series of interviews with police investigators and in media interviews, Ms. A had alleged having sexual contact with 30 or more officers. News accounts included text messages between Ms. A and men identified as police officers. Many Bay Area law enforcement officers had become her friends on Facebook -- including \u003ca href=\"https://ww2.kqed.org/news/2016/07/14/at-least-2-dozen-sfpd-officers-tied-to-teen-at-center-of-sexual-exploitation/\" target=\"_blank\">at least two dozen\u003c/a> from San Francisco.\u003c/p>\n\u003cp>But O'Malley said the available evidence, obtained in interviews with Ms. A and other witnesses as well as from the voluminous social media and electronic records, failed to support charges against more officers.\u003c/p>\n\u003cp>\"We determined that the extrinsic evidence contradicts or sheds reasonable doubt on allegations of criminal conduct, such as serious inconsistencies in the statements taken from the witness or contradictions between the witness's statements and the social media messaging,\" O'Malley said.\u003c/p>\n\u003cp>O'Malley also emphasized the victim's participation will be crucial to the prosecution of the charged officers.\u003c/p>\n\u003cp>The Richmond Police Department -- one of the law enforcement agencies whose officers have been accused of involvement with Ms. A -- \u003ca href=\"http://www.eastbaytimes.com/2016/09/08/richmond-police-launched-effort-to-send-celeste-guap-to-florida/\" target=\"_blank\">arranged to send her \u003c/a>to a rehab facility in Florida last month. She's now in jail there facing battery charges stemming from an altercation at the treatment facility.\u003c/p>\n\u003cp>O'Malley criticized Richmond officials for failing to notify her office of its plans to send the key witness in the case out of state, especially when she could have been treated someplace in the Bay Area.\u003c/p>\n\u003cp>\"We were not consulted,\" she said. \"We were not informed. And we protested once we learned she had been moved. We are now working to get Ms. A back here. And if the agency that sent her to Florida does not pay for her to come back, we will pay her airfare to come back to the state.\"\u003c/p>\n\u003cp>Earlier this week, \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\">Oakland officials announced\u003c/a> they're moving to fire four officers and discipline seven others in connection with the case.\u003c/p>\n\u003cp>The allegations that dozens of officers in Oakland and elsewhere had exploited a teenager working in the sex trade triggered a period of unprecedented turmoil in a department that has had more than its share of scandals and embarrassments in the last couple of decades.\u003c/p>\n\u003cp>Police Chief Sean Whent’s handling of the case is believed to have led directly to his \u003ca href=\"https://ww2.kqed.org/news/2016/06/09/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\">abrupt resignation\u003c/a> in June, a move that was followed by the \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">appointment and departure\u003c/a> of two interim chiefs within an eight-day span. The Police Department is currently under the control of City Administrator Sabrina Landreth until the city hires a permanent chief.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This is a breaking story and will be updated.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Californians Split Over Extent of Police Abuse, Poll Finds",
"title": "Californians Split Over Extent of Police Abuse, Poll Finds",
"headTitle": "Election 2016 | The California Report | KQED News",
"content": "\u003cp>A new survey commissioned by a consortium of public radio stations, including KPCC, has found Californians, like much of the nation, are divided by race when it comes to their views of police profiling and excessive use of force.\u003c/p>\n\u003cp>When asked about racial profiling in the U.S., 68 percent of Californians said it is a “huge” or “significant” problem in the country. Twenty-five percent of state residents polled said it was a minor problem or not one at all.\u003c/p>\n\u003cp>The survey was conducted by the Institute for Social Research at Sacramento State. It was conducted Aug. 15-24 and has a margin of error of plus or minus 4 percent. A broad sample, including 92 percent registered voters, responded to questions on issues that include police profiling and excessive use of force.\u003c/p>\n\u003cp>[ExcessivePoll]\u003c/p>\n\u003cp>More than half of the black respondents — 58 percent — said profiling was a huge problem in the country. Just 19 percent of white respondents said the same. Among Latinos, 36 percent of those polled said it was a huge problem.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A significant difference in age groups also exists. Forty-three percent of people 18-25 said profiling is a huge problem, compared to 14 percent of people age 65 and older.\u003c/p>\n\u003cp>When asked about excessive force by police toward people of color, 66 percent of respondents said it was a huge or significant problem in the U.S. Twenty-seven percent said it was just a minor problem or not one at all.\u003c/p>\n\u003cp>Minority and women respondents tended to see police profiling and excessive use of force as more of a problem than white men — whether they were Democrats or Republicans, said David Barker, director of the Institute for Social Research at Sacramento State.\u003c/p>\n\u003cp>But fewer respondents think these same issues are a significant problem in California. Fifty-nine percent identified racial profiling as a huge or significant problem in the state. Fifty-two percent of respondents said excessive use of force was a huge or significant problem in the state.\u003c/p>\n\u003cp>\"The fact that we are a rather progressive state probably leads the average person to think that, ‘Oh that’s a problem they have elsewhere,'\" Barker said. “They may think we are more respectful of diversity.\"\u003c/p>\n\u003cp>Black Lives Matter leader in Los Angles Melina Abdullah said some people have an incorrect view of reality in the Golden State.\u003c/p>\n\u003cp>[contextly_sidebar id=\"0iDI5f1ppcffKiPnH7nfnqZYsniIYGcQ\"]\u003c/p>\n\u003cp>“There is this facade of diversity and inclusion within California — that’s how California is painted by Hollywood,” Abdullah said. “It’s all beaches and palm trees and all kind of folks. In actuality, California is home to the most murderous police department in the country — the LAPD. People forget Rodney King and other acts of brutality, too.”\u003c/p>\n\u003cp>One retired police captain said there is less excessive force than people think.\u003c/p>\n\u003cp>\"People in minority groups tend to express more concern than others because there tends to be more negative interaction with the police in higher-crime areas,\" said retired LAPD Capt. Greg Meyer, who now testifies in use-of-force lawsuits. \"People’s opinions tend to be based on personal or second-hand experience, and tend to be very media-driven.\"\u003c/p>\n\u003cp>He added that the media do a \"generally poor job of interpreting police work.\" Reporters in turn have long complained that police departments fail to explain thoroughly how shootings happen.\u003c/p>\n\u003cp>People are also divided over the Black Lives Matter movement, which began advocating against profiling and excessive force by police in the wake of the 2014 police shooting of 18-year-old Michael Brown in Ferguson, Missouri. Brown was black. The officer Darren Wilson, who was cleared of any wrongdoing, is white.\u003c/p>\n\u003cp>About a third of respondents view the movement warmly, while another third view Black Lives Matter coldly. Twenty-four percent are uncertain or ambivalent.\u003c/p>\n\u003cp>The police-backed \"All Lives Matter\" movement gets more support. A little over half of respondents view it favorably, compared to 25 percent who view it negatively.\u003c/p>\n\u003cp>“This is not unexpected,” Abdullah of Black Lives Matter said. “This is very reflective of our work and what we run into.”\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11080146\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/Prop63-800x600.jpg\" alt=\"Prop63\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop63.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop63-400x300.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>The survey also examined a variety of propositions on the November ballot, including two addressing criminal justice issues. Both Proposition 63, a gun control measure, and Proposition 57, a sentencing reform proposal, are strongly supported by respondents.\u003c/p>\n\u003cp>Proposition 63 would prohibit the possession of large-capacity ammunition magazines and would require most individuals to pass a background check and obtain authorization from the California Department of Justice to purchase ammunition.\u003c/p>\n\u003cp>Proposition 57 would increase parole chances for felons convicted of nonviolent crimes and give them more opportunities to earn credits for good behavior. It would also allow judges, not prosecutors, to decide whether to try certain juveniles as adults in court.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11080148\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/Prop57-800x600.jpg\" alt=\"Prop57\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop57.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop57-400x300.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\u003cem>Editor's Note: This story has been updated to include additional information regarding the methodology of the survey.\u003c/em>\u003c/p>\n\u003cp>\u003cem>California Counts, a statewide public media election collaborative, contracted with the CALSPEAKS Opinion Research Center at the Institute for Social Research, Sacramento State University, to conduct an extensive survey of Californians’ electoral and public policy attitudes.\u003c/em>\u003c/p>\n\u003cp>\u003cem>The Institute for Social Research at Sacramento State fielded the survey online and through the mail from Aug. 15 to 24, 2016 using the CALSPEAKS survey panel. It yielded 915 completed surveys and 44 partially completed surveys. CALSPEAKS obtains a representative sample of Californians, stratified by the five major regions in the state. For information on the methodology, please visit: \u003ca href=\"http://www.csus.edu/isr/calspeaks/\" target=\"_blank\">http://www.csus.edu/isr/calspeaks/\u003c/a>. For questions about the November election, (the U.S. Senate race and propositions 57, 63 and 64), results reflect registered voters only.\u003cbr>\n\u003c/em>\u003cbr>\n\u003cem>The margin of error for any individual survey question is equal to or less than +/- 4 percentage points for the overall sample. However, the margins of error are larger if focusing on smaller subgroups, especially racial or ethnic subgroups. These are equal or less than +/- 16 percentage points for African-Americans, and 10 percentage points for Latinos or those of \"other races/ethnicities\" (including Asian-Americans, Pacific Islanders, Native Americans, and those of mixed race/ethnicity). The numbers, however, have been weighted to reflect California¹s population and are valid for comparisons across the sub-groups.\u003c/em>\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration with four public media organizations in California to cover the 2016 election. This includes \u003ca href=\"http://www.scpr.org/\" target=\"_blank\">KPCC in Los Angeles\u003c/a>, \u003ca href=\"http://www.kqed.org/\" target=\"_blank\">KQED in San Francisco\u003c/a>, \u003ca href=\"http://www.capradio.org/\" target=\"_blank\">Capital Public Radio in Sacramento\u003c/a> and \u003ca href=\"http://www.kpbs.org/\" target=\"_blank\">KPBS in San Diego\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://www.scpr.org/issues/california-counts\">Read more in this series\u003c/a> and let us know your thoughts on Twitter using the hashtag \u003ca href=\"https://twitter.com/search?q=%23iamsouthla&src=typd\">#\u003c/a>\u003ca href=\"https://twitter.com/search?q=%23CACounts&src=typd\">CACounts\u003c/a>.\u003c/p>\n\n",
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"excerpt": "State residents were asked if racial profiling and excessive use of force by police are significant problems in the U.S. and in California.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new survey commissioned by a consortium of public radio stations, including KPCC, has found Californians, like much of the nation, are divided by race when it comes to their views of police profiling and excessive use of force.\u003c/p>\n\u003cp>When asked about racial profiling in the U.S., 68 percent of Californians said it is a “huge” or “significant” problem in the country. Twenty-five percent of state residents polled said it was a minor problem or not one at all.\u003c/p>\n\u003cp>The survey was conducted by the Institute for Social Research at Sacramento State. It was conducted Aug. 15-24 and has a margin of error of plus or minus 4 percent. A broad sample, including 92 percent registered voters, responded to questions on issues that include police profiling and excessive use of force.\u003c/p>\n\u003cp>[ExcessivePoll]\u003c/p>\n\u003cp>More than half of the black respondents — 58 percent — said profiling was a huge problem in the country. Just 19 percent of white respondents said the same. Among Latinos, 36 percent of those polled said it was a huge problem.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A significant difference in age groups also exists. Forty-three percent of people 18-25 said profiling is a huge problem, compared to 14 percent of people age 65 and older.\u003c/p>\n\u003cp>When asked about excessive force by police toward people of color, 66 percent of respondents said it was a huge or significant problem in the U.S. Twenty-seven percent said it was just a minor problem or not one at all.\u003c/p>\n\u003cp>Minority and women respondents tended to see police profiling and excessive use of force as more of a problem than white men — whether they were Democrats or Republicans, said David Barker, director of the Institute for Social Research at Sacramento State.\u003c/p>\n\u003cp>But fewer respondents think these same issues are a significant problem in California. Fifty-nine percent identified racial profiling as a huge or significant problem in the state. Fifty-two percent of respondents said excessive use of force was a huge or significant problem in the state.\u003c/p>\n\u003cp>\"The fact that we are a rather progressive state probably leads the average person to think that, ‘Oh that’s a problem they have elsewhere,'\" Barker said. “They may think we are more respectful of diversity.\"\u003c/p>\n\u003cp>Black Lives Matter leader in Los Angles Melina Abdullah said some people have an incorrect view of reality in the Golden State.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“There is this facade of diversity and inclusion within California — that’s how California is painted by Hollywood,” Abdullah said. “It’s all beaches and palm trees and all kind of folks. In actuality, California is home to the most murderous police department in the country — the LAPD. People forget Rodney King and other acts of brutality, too.”\u003c/p>\n\u003cp>One retired police captain said there is less excessive force than people think.\u003c/p>\n\u003cp>\"People in minority groups tend to express more concern than others because there tends to be more negative interaction with the police in higher-crime areas,\" said retired LAPD Capt. Greg Meyer, who now testifies in use-of-force lawsuits. \"People’s opinions tend to be based on personal or second-hand experience, and tend to be very media-driven.\"\u003c/p>\n\u003cp>He added that the media do a \"generally poor job of interpreting police work.\" Reporters in turn have long complained that police departments fail to explain thoroughly how shootings happen.\u003c/p>\n\u003cp>People are also divided over the Black Lives Matter movement, which began advocating against profiling and excessive force by police in the wake of the 2014 police shooting of 18-year-old Michael Brown in Ferguson, Missouri. Brown was black. The officer Darren Wilson, who was cleared of any wrongdoing, is white.\u003c/p>\n\u003cp>About a third of respondents view the movement warmly, while another third view Black Lives Matter coldly. Twenty-four percent are uncertain or ambivalent.\u003c/p>\n\u003cp>The police-backed \"All Lives Matter\" movement gets more support. A little over half of respondents view it favorably, compared to 25 percent who view it negatively.\u003c/p>\n\u003cp>“This is not unexpected,” Abdullah of Black Lives Matter said. “This is very reflective of our work and what we run into.”\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11080146\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/Prop63-800x600.jpg\" alt=\"Prop63\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop63.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop63-400x300.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>The survey also examined a variety of propositions on the November ballot, including two addressing criminal justice issues. Both Proposition 63, a gun control measure, and Proposition 57, a sentencing reform proposal, are strongly supported by respondents.\u003c/p>\n\u003cp>Proposition 63 would prohibit the possession of large-capacity ammunition magazines and would require most individuals to pass a background check and obtain authorization from the California Department of Justice to purchase ammunition.\u003c/p>\n\u003cp>Proposition 57 would increase parole chances for felons convicted of nonviolent crimes and give them more opportunities to earn credits for good behavior. It would also allow judges, not prosecutors, to decide whether to try certain juveniles as adults in court.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11080148\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/09/Prop57-800x600.jpg\" alt=\"Prop57\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop57.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/09/Prop57-400x300.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\u003cem>Editor's Note: This story has been updated to include additional information regarding the methodology of the survey.\u003c/em>\u003c/p>\n\u003cp>\u003cem>California Counts, a statewide public media election collaborative, contracted with the CALSPEAKS Opinion Research Center at the Institute for Social Research, Sacramento State University, to conduct an extensive survey of Californians’ electoral and public policy attitudes.\u003c/em>\u003c/p>\n\u003cp>\u003cem>The Institute for Social Research at Sacramento State fielded the survey online and through the mail from Aug. 15 to 24, 2016 using the CALSPEAKS survey panel. It yielded 915 completed surveys and 44 partially completed surveys. CALSPEAKS obtains a representative sample of Californians, stratified by the five major regions in the state. For information on the methodology, please visit: \u003ca href=\"http://www.csus.edu/isr/calspeaks/\" target=\"_blank\">http://www.csus.edu/isr/calspeaks/\u003c/a>. For questions about the November election, (the U.S. Senate race and propositions 57, 63 and 64), results reflect registered voters only.\u003cbr>\n\u003c/em>\u003cbr>\n\u003cem>The margin of error for any individual survey question is equal to or less than +/- 4 percentage points for the overall sample. However, the margins of error are larger if focusing on smaller subgroups, especially racial or ethnic subgroups. These are equal or less than +/- 16 percentage points for African-Americans, and 10 percentage points for Latinos or those of \"other races/ethnicities\" (including Asian-Americans, Pacific Islanders, Native Americans, and those of mixed race/ethnicity). The numbers, however, have been weighted to reflect California¹s population and are valid for comparisons across the sub-groups.\u003c/em>\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration with four public media organizations in California to cover the 2016 election. This includes \u003ca href=\"http://www.scpr.org/\" target=\"_blank\">KPCC in Los Angeles\u003c/a>, \u003ca href=\"http://www.kqed.org/\" target=\"_blank\">KQED in San Francisco\u003c/a>, \u003ca href=\"http://www.capradio.org/\" target=\"_blank\">Capital Public Radio in Sacramento\u003c/a> and \u003ca href=\"http://www.kpbs.org/\" target=\"_blank\">KPBS in San Diego\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Wells Fargo Bank has been ordered to pay $185 million in fines and penalties to settle what the Consumer Financial Protection Bureau calls \"the widespread illegal practice of secretly opening unauthorized deposit and credit card accounts.\"\u003c/p>\n\u003cp>Thousands of Wells Fargo employees opened the accounts in secret so they would get bonuses for hitting their sales targets, according to investigators. More than 2 million deposit and credit card accounts may have been created without customer authorization.\u003c/p>\n\u003cp>The bank must pay $100 million to the CFPB — the largest fine ever levied by the federal consumer watchdog. It also will pay $50 million to the city and county of Los Angeles, along with a $35 million penalty to the Office of the Comptroller of the Currency.\u003c/p>\n\u003cp>It's also on the hook to pay full restitution to all victims of the scheme.\u003c/p>\n\u003cp>\"Because of the severity of these violations, Wells Fargo is paying the largest penalty the CFPB has ever imposed,\" \u003ca href=\"http://www.consumerfinance.gov/about-us/newsroom/consumer-financial-protection-bureau-fines-wells-fargo-100-million-widespread-illegal-practice-secretly-opening-unauthorized-accounts/\">said CFPB Director Richard Cordray\u003c/a>. \"Today's action should serve notice to the entire industry that financial incentive programs, if not monitored carefully, carry serious risks that can have serious legal consequences.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"http://files.consumerfinance.gov/f/documents/092016_cfpb_WFBconsentorder.pdf\">The CFPB's consent order\u003c/a> says the bank has already terminated 5,300 employees as part of an internal review.\u003c/p>\n\u003cp>San Francisco-based Wells Fargo \u003ca href=\"http://www.businesswire.com/news/home/20160908006266/en/Wells-Fargo-Issues-Statement-Agreements-Related-Sales\">said in a statement\u003c/a> that it has fired managers and employees \"who acted counter to our values\" in carrying out the schemes. It also refunded $2.6 million in fees it collected from customers. The bank said that \"accounts refunded represented a fraction of 1 percent of the accounts reviewed, and refunds averaged $25.\"\u003c/p>\n\u003cp>In addition, the bank says it is taking steps to keep this type of scheme from occurring again, noting that it will now send a customer an email confirmation shortly after a deposit account is opened.\u003c/p>\n\u003cp>\"This is a major victory for consumers,\" said Los Angeles City Attorney Mike Feuer, whose office sued Wells Fargo in 2015 after a \u003cem>Los Angeles Times\u003c/em> investigation into the fake accounts. \"Consumers must be able to trust their banks. They should never be taken advantage of by their banks.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Feuer's office says that after the suit was filed, the city attorney received \"more than 1,000 phone calls and emails from customers and current and former Wells Fargo employees across the nation about the issues raised in the litigation.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Wells+Fargo+Fined+%24185+Million+Over+Creation+Of+Fake+Accounts+For+Bonuses&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Wells Fargo Bank has been ordered to pay $185 million in fines and penalties to settle what the Consumer Financial Protection Bureau calls \"the widespread illegal practice of secretly opening unauthorized deposit and credit card accounts.\"\u003c/p>\n\u003cp>Thousands of Wells Fargo employees opened the accounts in secret so they would get bonuses for hitting their sales targets, according to investigators. More than 2 million deposit and credit card accounts may have been created without customer authorization.\u003c/p>\n\u003cp>The bank must pay $100 million to the CFPB — the largest fine ever levied by the federal consumer watchdog. It also will pay $50 million to the city and county of Los Angeles, along with a $35 million penalty to the Office of the Comptroller of the Currency.\u003c/p>\n\u003cp>It's also on the hook to pay full restitution to all victims of the scheme.\u003c/p>\n\u003cp>\"Because of the severity of these violations, Wells Fargo is paying the largest penalty the CFPB has ever imposed,\" \u003ca href=\"http://www.consumerfinance.gov/about-us/newsroom/consumer-financial-protection-bureau-fines-wells-fargo-100-million-widespread-illegal-practice-secretly-opening-unauthorized-accounts/\">said CFPB Director Richard Cordray\u003c/a>. \"Today's action should serve notice to the entire industry that financial incentive programs, if not monitored carefully, carry serious risks that can have serious legal consequences.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://files.consumerfinance.gov/f/documents/092016_cfpb_WFBconsentorder.pdf\">The CFPB's consent order\u003c/a> says the bank has already terminated 5,300 employees as part of an internal review.\u003c/p>\n\u003cp>San Francisco-based Wells Fargo \u003ca href=\"http://www.businesswire.com/news/home/20160908006266/en/Wells-Fargo-Issues-Statement-Agreements-Related-Sales\">said in a statement\u003c/a> that it has fired managers and employees \"who acted counter to our values\" in carrying out the schemes. It also refunded $2.6 million in fees it collected from customers. The bank said that \"accounts refunded represented a fraction of 1 percent of the accounts reviewed, and refunds averaged $25.\"\u003c/p>\n\u003cp>In addition, the bank says it is taking steps to keep this type of scheme from occurring again, noting that it will now send a customer an email confirmation shortly after a deposit account is opened.\u003c/p>\n\u003cp>\"This is a major victory for consumers,\" said Los Angeles City Attorney Mike Feuer, whose office sued Wells Fargo in 2015 after a \u003cem>Los Angeles Times\u003c/em> investigation into the fake accounts. \"Consumers must be able to trust their banks. They should never be taken advantage of by their banks.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Feuer's office says that after the suit was filed, the city attorney received \"more than 1,000 phone calls and emails from customers and current and former Wells Fargo employees across the nation about the issues raised in the litigation.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Wells+Fargo+Fined+%24185+Million+Over+Creation+Of+Fake+Accounts+For+Bonuses&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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"info": "",
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"tech-nation": {
"id": "tech-nation",
"title": "Tech Nation Radio Podcast",
"info": "Tech Nation is a weekly public radio program, hosted by Dr. Moira Gunn. Founded in 1993, it has grown from a simple interview show to a multi-faceted production, featuring conversations with noted technology and science leaders, and a weekly science and technology-related commentary.",
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"ted-radio-hour": {
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"title": "TED Radio Hour",
"info": "The TED Radio Hour is a journey through fascinating ideas, astonishing inventions, fresh approaches to old problems, and new ways to think and create.",
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