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"content": "\u003cp>The Justice Department on Thursday filed its latest argument in the \u003ca href=\"http://www.npr.org/series/469827708/the-apple-fbi-debate-over-encryption\">dispute with Apple\u003c/a> over access to a locked iPhone, accusing Apple of \"false\" rhetoric and \"overblown\" fears in its public refusal to cooperate with a court order.\u003c/p>\n\u003cp>Apple is fighting a federal magistrate judge's order to write special software that would lift security features that prevent the FBI from cracking the passcode on the phone used by Syed Rizwan Farook, one of the San Bernardino shooters. Apple has argued that would amount to creating a master key to millions of other iPhones.\u003c/p>\n\u003cp>\"Far from being a master key, the software simply disarms a booby trap affixed to one door: Farook's,\" the lawyers write in response, calling the wide-spanning security concerns a \"diversion\" on Apple's part.\u003c/p>\n\u003cp>\"Apple desperately wants — desperately \u003cem>needs \u003c/em>— this case not to be about one isolated iPhone ... Apple deliberately raised technological barriers that now stand between a lawful warrant and an iPhone containing evidence related to the terrorist mass murder of 14 Americans,\" the lawyers write.\u003c/p>\n\u003cp>[contextly_sidebar id=\"n7LUE88Gsn13lG1TrDn6j9IX4yuEbTDD\"]\u003c/p>\n\u003cp>The Justice Department echoes FBI Director James Comey's argument that growing adoption of strong encryption was creating \"warrantproof\" devices, arguing that the order from the magistrate judge was narrow and targeted.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Apple's rhetoric is not only false,\" the lawyers write, \"but also corrosive of the very institutions that are best able to safeguard our liberty and our rights: the courts, the Fourth Amendment, longstanding precedent and venerable laws, and the democratically elected branches of government.\"\u003c/p>\n\u003cp>It remains unclear what, if anything, is on the password-locked phone, but the FBI suggests there's \"probable cause to believe there is evidence of a terrorist attack.\" Without the passcode, the investigators cannot access the phone's encrypted content, and attempting to guess it would risk causing the phone to delete the data. Government lawyers urge the court to demand Apple's compliance with the order.\u003c/p>\n\u003cp>\"That is not lawless tyranny,\" the U.S. attorneys say. \"Rather, it is ordered liberty vindicating the rule of law.\"\u003c/p>\n\u003cp>Apple's public campaign against the court order has focused on the call for lawmakers in Congress — not the court system — to resolve how much access law enforcement should have to information secured by a password or by encryption. Its position has \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/03/03/469091056/tech-companies-security-experts-express-support-for-apple\">garnered support\u003c/a> from dozens of tech companies and privacy, civil liberties and human rights groups.\u003c/p>\n\u003cp>At the heart of the debate is the government's reliance on the All Writs Act, a broad 1789 law that gives courts power to, among other things, compel companies' cooperation in investigations.\u003c/p>\n\u003cp>The government argues that many of the positions adopted by Apple — including the emphasis on lawmakers determining the power of the All Writs Act, and the concerns of the law creating \"a slippery slope\" — were \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2016/02/29/468609371/at-supreme-court-debate-over-phone-privacy-has-a-long-history\">argued before the Supreme Court\u003c/a> decades ago, and were dismissed.\u003c/p>\n\u003cp>\"In the forty years since that decision, it has become clear that the Court was correct because those fears have proved unfounded,\" the U.S. attorneys write.\u003c/p>\n\u003cp>In a call with reporters, Apple's top lawyer, Bruce Sewell, said the tone of the government's response sounded like an \"indictment,\" NPR's Aarti Shahani reports. He also called the filing \"deeply offensive.\"\u003c/p>\n\u003cp>Apple is due to respond to this latest filing from the government by March 15. A hearing has been set in California for March 22.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Apple's rhetoric is not only false,\" the lawyers write, \"but also corrosive of the very institutions that are best able to safeguard our liberty and our rights: the courts, the Fourth Amendment, longstanding precedent and venerable laws, and the democratically elected branches of government.\"\u003c/p>\n\u003cp>It remains unclear what, if anything, is on the password-locked phone, but the FBI suggests there's \"probable cause to believe there is evidence of a terrorist attack.\" Without the passcode, the investigators cannot access the phone's encrypted content, and attempting to guess it would risk causing the phone to delete the data. Government lawyers urge the court to demand Apple's compliance with the order.\u003c/p>\n\u003cp>\"That is not lawless tyranny,\" the U.S. attorneys say. \"Rather, it is ordered liberty vindicating the rule of law.\"\u003c/p>\n\u003cp>Apple's public campaign against the court order has focused on the call for lawmakers in Congress — not the court system — to resolve how much access law enforcement should have to information secured by a password or by encryption. Its position has \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/03/03/469091056/tech-companies-security-experts-express-support-for-apple\">garnered support\u003c/a> from dozens of tech companies and privacy, civil liberties and human rights groups.\u003c/p>\n\u003cp>At the heart of the debate is the government's reliance on the All Writs Act, a broad 1789 law that gives courts power to, among other things, compel companies' cooperation in investigations.\u003c/p>\n\u003cp>The government argues that many of the positions adopted by Apple — including the emphasis on lawmakers determining the power of the All Writs Act, and the concerns of the law creating \"a slippery slope\" — were \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2016/02/29/468609371/at-supreme-court-debate-over-phone-privacy-has-a-long-history\">argued before the Supreme Court\u003c/a> decades ago, and were dismissed.\u003c/p>\n\u003cp>\"In the forty years since that decision, it has become clear that the Court was correct because those fears have proved unfounded,\" the U.S. attorneys write.\u003c/p>\n\u003cp>In a call with reporters, Apple's top lawyer, Bruce Sewell, said the tone of the government's response sounded like an \"indictment,\" NPR's Aarti Shahani reports. He also called the filing \"deeply offensive.\"\u003c/p>\n\u003cp>Apple is due to respond to this latest filing from the government by March 15. A hearing has been set in California for March 22.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"http://richmondpulse.org/2014/09/22/richmond-city-council-candidate-dameion-king/\">Dameion King's\u003c/a> office in downtown Richmond looks like a cross between a Starbucks and a tech startup -- with exposed brick walls, mobile workstations, laptop computers and brightly painted meeting rooms.\u003c/p>\n\u003cp>“Then if you go upstairs, this is my favorite part up here,” King said, as he headed up a narrow staircase to a loft area and meeting space. “I actually could live here. All I need is a rollout bed and an Internet connection. So this is the area where we plan to have restorative justice circles and AA and NA meetings.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/251048184\" 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>Fifteen years ago King was behind bars, serving a three-year sentence for firearm and drug possession. Now he's a coach at the new \u003ca href=\"http://www.contracostatimes.com/richmond/ci_28964762/richmond-new-re-entry-center-unveiled-ex-cons\">Richmond Reentry Success Center\u003c/a>. The center is designed to help people recently released from prison or jail get back on their feet.\u003c/p>\n\u003cp>According to King, the space itself is designed to make people who come looking for help feel more empowered.\u003c/p>\n\u003cfigure id=\"attachment_10890565\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10890565 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/IMG_4814-800x600.jpg\" alt=\"The new Reentry Success Center in Richmond, Ca. offers mobile workstations and an open design to give formerly incarcerated members a feeling of stakeholdership. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The new Reentry Success Center in Richmond offers mobile workstations and an open design to give formerly incarcerated members a feeling of stakeholdership. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I know that when I came home, there was nothing like this,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After two years of planning, the Reentry Success Center \u003ca href=\"http://richmondconfidential.org/2015/10/21/richmonds-reentery-success-center-to-open-next-week/\">opened its doors\u003c/a> in October -- a collaboration among Contra Costa County civic leaders, law enforcement officials and nonprofits. (Since 2011, when the state began reducing its inmate population as part of a larger \u003ca href=\"http://www.cdcr.ca.gov/realignment/\">prison realignment\u003c/a> program, Contra Costa has invested about $10 million in community-based re-entry services and $400,000 in the center itself.)\u003c/p>\n\u003cp>Contra Costa Supervisor John Gioia said the center is key to the county’s plan to help keep people out of jail.\u003c/p>\n\u003cp>“If we can show this center works and these programs work, it’ll hopefully help build the case for investing more money in this type of work,” he said. “It makes quality of life better for people who are released from jail and return, and it makes our community safer. So it’s a win-win.”\u003c/p>\n\u003cp>Nicholas Alexander, the center's director, said he hopes it can offer more effective support to formerly incarcerated people and their families.\u003c/p>\n\u003cp>“If we look back at re-entry work over the last decade, it’s really been unsuccessful,\" he said. “I mean over half of people tend to go back into incarceration. So right now the bar is pretty low, unfortunately.”\u003c/p>\n\u003cfigure id=\"attachment_10890566\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10890566 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/IMG_4815-800x600.jpg\" alt=\"Nicholas Alexander, Reentry Success Center Director, helps coordinate service providers for the people who come looking for help.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nicholas Alexander, Reentry Success Center director, helps coordinate service providers for the people who come looking for help. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said part of why re-entry work has failed is that formerly incarcerated people can be denied employment and housing based on their criminal history. Alexander said the center's holistic approach is designed to help its clients navigate those legal barriers.\u003c/p>\n\u003cp>At the center, Alexander said, people coming out of jail or prison have access to a wide variety of services all in one place, from legal help to employment and addiction counseling.\u003c/p>\n\u003cp>\"As a whole we’re working more collaboratively, so less people are going to slip through the cracks,\" Alexander said\u003cstrong>. \u003c/strong>\u003c/p>\n\u003cp>Kenneth McDowell is one of those people the center is trying to help. He spent five months behind bars on a felony assault charge. When he got out of jail about a year ago, McDowell had lost his housing and his job.\u003c/p>\n\u003cp>“You just want to close up and go into a box and hide, and cry pretty much, but life won’t let you do that,” he said. “You have to gather your thoughts and your feelings, and you have to ball them up. And you have to just take every step a little step at a time.”\u003c/p>\n\u003cp>McDowell wants to become a chef, but in the meantime he's working as a janitor at the center.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So far, the center has helped about 100 people from across the county. As more people hear about the center and get the help they need, Supervisor Gioia said he hopes it will become a model for the rest of the state.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://richmondpulse.org/2014/09/22/richmond-city-council-candidate-dameion-king/\">Dameion King's\u003c/a> office in downtown Richmond looks like a cross between a Starbucks and a tech startup -- with exposed brick walls, mobile workstations, laptop computers and brightly painted meeting rooms.\u003c/p>\n\u003cp>“Then if you go upstairs, this is my favorite part up here,” King said, as he headed up a narrow staircase to a loft area and meeting space. “I actually could live here. All I need is a rollout bed and an Internet connection. So this is the area where we plan to have restorative justice circles and AA and NA meetings.\"\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/251048184&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/251048184'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Fifteen years ago King was behind bars, serving a three-year sentence for firearm and drug possession. Now he's a coach at the new \u003ca href=\"http://www.contracostatimes.com/richmond/ci_28964762/richmond-new-re-entry-center-unveiled-ex-cons\">Richmond Reentry Success Center\u003c/a>. The center is designed to help people recently released from prison or jail get back on their feet.\u003c/p>\n\u003cp>According to King, the space itself is designed to make people who come looking for help feel more empowered.\u003c/p>\n\u003cfigure id=\"attachment_10890565\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10890565 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/IMG_4814-800x600.jpg\" alt=\"The new Reentry Success Center in Richmond, Ca. offers mobile workstations and an open design to give formerly incarcerated members a feeling of stakeholdership. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4814-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The new Reentry Success Center in Richmond offers mobile workstations and an open design to give formerly incarcerated members a feeling of stakeholdership. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I know that when I came home, there was nothing like this,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After two years of planning, the Reentry Success Center \u003ca href=\"http://richmondconfidential.org/2015/10/21/richmonds-reentery-success-center-to-open-next-week/\">opened its doors\u003c/a> in October -- a collaboration among Contra Costa County civic leaders, law enforcement officials and nonprofits. (Since 2011, when the state began reducing its inmate population as part of a larger \u003ca href=\"http://www.cdcr.ca.gov/realignment/\">prison realignment\u003c/a> program, Contra Costa has invested about $10 million in community-based re-entry services and $400,000 in the center itself.)\u003c/p>\n\u003cp>Contra Costa Supervisor John Gioia said the center is key to the county’s plan to help keep people out of jail.\u003c/p>\n\u003cp>“If we can show this center works and these programs work, it’ll hopefully help build the case for investing more money in this type of work,” he said. “It makes quality of life better for people who are released from jail and return, and it makes our community safer. So it’s a win-win.”\u003c/p>\n\u003cp>Nicholas Alexander, the center's director, said he hopes it can offer more effective support to formerly incarcerated people and their families.\u003c/p>\n\u003cp>“If we look back at re-entry work over the last decade, it’s really been unsuccessful,\" he said. “I mean over half of people tend to go back into incarceration. So right now the bar is pretty low, unfortunately.”\u003c/p>\n\u003cfigure id=\"attachment_10890566\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10890566 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/IMG_4815-800x600.jpg\" alt=\"Nicholas Alexander, Reentry Success Center Director, helps coordinate service providers for the people who come looking for help.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/IMG_4815-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nicholas Alexander, Reentry Success Center director, helps coordinate service providers for the people who come looking for help. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said part of why re-entry work has failed is that formerly incarcerated people can be denied employment and housing based on their criminal history. Alexander said the center's holistic approach is designed to help its clients navigate those legal barriers.\u003c/p>\n\u003cp>At the center, Alexander said, people coming out of jail or prison have access to a wide variety of services all in one place, from legal help to employment and addiction counseling.\u003c/p>\n\u003cp>\"As a whole we’re working more collaboratively, so less people are going to slip through the cracks,\" Alexander said\u003cstrong>. \u003c/strong>\u003c/p>\n\u003cp>Kenneth McDowell is one of those people the center is trying to help. He spent five months behind bars on a felony assault charge. When he got out of jail about a year ago, McDowell had lost his housing and his job.\u003c/p>\n\u003cp>“You just want to close up and go into a box and hide, and cry pretty much, but life won’t let you do that,” he said. “You have to gather your thoughts and your feelings, and you have to ball them up. And you have to just take every step a little step at a time.”\u003c/p>\n\u003cp>McDowell wants to become a chef, but in the meantime he's working as a janitor at the center.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So far, the center has helped about 100 people from across the county. As more people hear about the center and get the help they need, Supervisor Gioia said he hopes it will become a model for the rest of the state.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Harris Wants Funding Boost as State Struggles to Seize Illegal Guns",
"title": "Harris Wants Funding Boost as State Struggles to Seize Illegal Guns",
"headTitle": "Election 2016 | The California Report | KQED News",
"content": "\u003cp>California law prohibits felons, people with a history of domestic violence and others with severe mental illness from having guns. It falls to Attorney General Kamala Harris and her Department of Justice to confiscate those guns. But 11,830 people currently banned from having guns may still possess them.\u003c/p>\n\u003cp>That upsets Amanda and Nick Wilcox, whose daughter, \u003ca href=\"http://www.sfgate.com/crime/article/Nevada-City-Mourns-Gunman-s-motive-unclear-2965803.php\" target=\"_blank\">Laura, was killed\u003c/a> by a gunman in Nevada City in 2001 while working at the county behavioral health clinic.\u003c/p>\n\u003cp>“I was numb for six months,\" Amanda Wilcox recalls. \"I kept pinching myself, thinking I don’t believe this happened. I felt like I was outside my body -- as if something had happened to someone else. It turns your life upside down.\"\u003c/p>\n\u003cp>Eventually, shock turned into a conviction that Amanda and her husband needed to do more to control access to guns in California.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/251183107\" 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>They joined the \u003ca href=\"http://www.bradycampaign.org/california-chapters\" target=\"_blank\">Brady Campaign to Prevent Gun Violence\u003c/a> and were instrumental in getting several major gun control laws passed in recent years. And they’ve steadfastly pushed state lawmakers to fully fund the Department of Justice’s Armed and Prohibited Persons System (APPS).\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Implementing the program is harder than we all envisioned -- certainly for DOJ and certainly for us who advocated for this program in the very beginning,\" said Wilcox.\u003c/p>\n\u003cp>\u003cstrong>A Backlog From the Beginning\u003c/strong>\u003c/p>\n\u003cp>APPS uses a database to flag people who legally obtain guns but later lose the right to have them. Agents at the DOJ track them down and confiscate their guns, a task both dangerous and time-consuming.\u003c/p>\n\u003cp>The state began using the database in 2006. From day one, there's been a backlog in the system. It reached a peak in 2013.\u003c/p>\n\u003cp>At a public safety hearing just weeks after the December 2012 Sandy Hook massacre in Newtown, Connecticut, legislators were stunned to learn that the list of prohibited gun owners yet to be investigated had reached 20,000.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It's not just some list that sits there and we just chip away at it. Every day, names are added to that list.'\u003ccite>Kamala Harris\u003c/cite>\u003c/aside>\n\u003cp>Bureau of Firearms Chief Stephen Lindley testified that day that the list had expanded that fast because more than 2,000 people were being added each year.\u003c/p>\n\u003cp>\"Despite our best efforts, the bureau does not have the resources to keep up with this annual influx of cases to reduce the backlog,\" Lindley said.\u003c/p>\n\u003cp>“How many people, how many guns, what would it cost to get them out of the hands of prohibited people as quickly as possible?” asked Senate President Pro Tem Darrell Steinberg (D-Sacramento).\u003c/p>\n\u003cp>Lindley told lawmakers if the bureau could temporarily hire 50 more agents, his department would be able to clear the backlog within three years.\u003c/p>\n\u003cp>“I believe we can arrest our way, and investigate our way, out of this,” Lindley said.\u003c/p>\n\u003cp>“It seems to me that an $8 million, a $15 million a $24 million investment in getting guns out of the hands of a prohibited person would be a very wise and worthy investment,” said Steinberg, who was later able to rally bipartisan support for a one-time allocation of $24 million set to expire this spring.\u003c/p>\n\u003cp>[contextly_sidebar id=\"CV1HN3Teeb0gHmh0nXgMqLwTiDvSDh0g\"]\u003c/p>\n\u003cp>DOJ agents investigated 20,000 people since then, but in that time as many people were added to the list, leaving a backlog of roughly 12,000.\u003c/p>\n\u003cp>After the swearing-in of Assembly Speaker Anthony Rendon at the state Capitol Monday, Attorney General Kamala Harris said $24 million was not enough to get the job done.\u003c/p>\n\u003cp>“The Armed and Prohibited Persons List is extensive, and it grows every day,\" Harris told Capital Public Radio. \"It's not just some list that sits there and we just chip away at it. Every day, names are added to that list. I need a lot more resources, frankly, to meet the challenge of -- not only just reducing -- but I want to eliminate that backlog.\"\u003c/p>\n\u003cp>Harris is seeking an annual $4.7 million increase for the program.\u003c/p>\n\u003cp>\u003cstrong>Growing Gun Purchases and a Growing List\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://oag.ca.gov/sites/all/files/agweb/pdfs/publications/sb-140-supp-budget-report.pdf\" target=\"_blank\">A Jan. 1, 2016, DOJ report to the Legislature\u003c/a> cites a surge in gun purchases and new laws that expanded the number of people subject to prohibition.\u003c/p>\n\u003cp>DOJ officials declined to talk to KQED about the report.\u003c/p>\n\u003cp>\"They have not made it a priority. It's as simple as that,\" said Sen. Jim Nielsen (R-Gerber), who voted for the temporary funding in 2013.\u003c/p>\n\u003cp>Nielsen, a budget leader in the Republican caucus, has called for a hearing to find out why DOJ did not eliminate the backlog. “They have not really been accountable in telling us what their problem has been. Their answer is, ‘We need more money, we need more money, we need more money.’ That is not an answer.”\u003c/p>\n\u003cfigure id=\"attachment_10891671\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10891671\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Harris-800x1081.jpg\" alt=\"Attorney General Kamala Harris says the one-time allocation of $24 million wasn't enough to work through a backlog of people currently banned from having guns who may still possess them.\" width=\"800\" height=\"1081\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-800x1081.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-400x540.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-1180x1594.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-960x1297.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Attorney General Kamala Harris says the one-time allocation of $24 million wasn't enough to work through a backlog of people currently banned from having guns who may still possess them. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A 2015 \u003ca href=\"https://www.auditor.ca.gov/pdfs/reports/2015-504.pdf\" target=\"_blank\">report \u003c/a>by the Bureau of State Audits faulted the DOJ for not doing enough to ensure the accuracy of the database and the prompt investigation of people who became prohibited.\u003c/p>\n\u003cp>The BSA said DOJ had repeatedly cited the “redirecting” of APPS agents to other priority work with a statutory deadline as an obstacle.\u003c/p>\n\u003cp>Some responsibility lies with local law enforcement for failing to notify DOJ when they confiscate guns. The DOJ reports 500 such instances since 2013.\u003c/p>\n\u003cp>California Police Chiefs Association president David Bejarano acknowledged law enforcement’s use of APPS got off to a slow start.\u003c/p>\n\u003cp>\"I believe a lot of police departments and sheriff’s departments weren’t fully aware of the APPS system, the database,” Bejarano said. “Obviously in light of what we’re seeing nationwide -- with mass shootings occurring too frequently -- I think there’s a refocus to spend more time using the database, and we’ve seen an improvement.\"\u003c/p>\n\u003cp>Bejarano says DOJ dedicated more time and personnel to work on the APPS backlog and to partner with local law enforcement. He knows of at least 100 joint operations up and down the state.\u003c/p>\n\u003cp>Bejarano, the Chula Vista police chief, said his officers currently conduct annual sweeps to seize guns using the APPS database.\u003c/p>\n\u003cp>“The more weapons we remove from the streets -- especially from those who are prohibited from owning or possessing a weapon -- I’m sure that at some point we’re preventing violence and saving some lives,\" said Bejarano.\u003c/p>\n\u003cp>Nick Wilcox, whose daughter was killed by a gunman, thinks APPS would be even more effective if California lawmakers fully funded it.\u003c/p>\n\u003cp>“In an ideal world, they would be disarming these prohibited persons as soon as they became known to DOJ so that you’re not always feeling like you’re on a treadmill going backwards,” Wilcox said.\u003c/p>\n\u003cp>The Legislature will consider the attorney general’s request for more money to confiscate guns at a hearing in Sacramento on Thursday.\u003c/p>\n\u003cp>The money would come from a special fund -- from a $5 fee people pay for each gun they buy in California -- and would have no impact on the state's general fund. Even with more permanent funding, the DOJ projects it will take until 2020 to reduce the backlog to 3,000 people.\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration of KPBS, KPCC, KQED and Capital Public Radio to report on the 2016 election. The coverage focuses on major issues and solicits diverse voices on what's important to the future of California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/tag/cacounts\">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/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California law prohibits felons, people with a history of domestic violence and others with severe mental illness from having guns. It falls to Attorney General Kamala Harris and her Department of Justice to confiscate those guns. But 11,830 people currently banned from having guns may still possess them.\u003c/p>\n\u003cp>That upsets Amanda and Nick Wilcox, whose daughter, \u003ca href=\"http://www.sfgate.com/crime/article/Nevada-City-Mourns-Gunman-s-motive-unclear-2965803.php\" target=\"_blank\">Laura, was killed\u003c/a> by a gunman in Nevada City in 2001 while working at the county behavioral health clinic.\u003c/p>\n\u003cp>“I was numb for six months,\" Amanda Wilcox recalls. \"I kept pinching myself, thinking I don’t believe this happened. I felt like I was outside my body -- as if something had happened to someone else. It turns your life upside down.\"\u003c/p>\n\u003cp>Eventually, shock turned into a conviction that Amanda and her husband needed to do more to control access to guns in California.\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/251183107&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/251183107'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>They joined the \u003ca href=\"http://www.bradycampaign.org/california-chapters\" target=\"_blank\">Brady Campaign to Prevent Gun Violence\u003c/a> and were instrumental in getting several major gun control laws passed in recent years. And they’ve steadfastly pushed state lawmakers to fully fund the Department of Justice’s Armed and Prohibited Persons System (APPS).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Implementing the program is harder than we all envisioned -- certainly for DOJ and certainly for us who advocated for this program in the very beginning,\" said Wilcox.\u003c/p>\n\u003cp>\u003cstrong>A Backlog From the Beginning\u003c/strong>\u003c/p>\n\u003cp>APPS uses a database to flag people who legally obtain guns but later lose the right to have them. Agents at the DOJ track them down and confiscate their guns, a task both dangerous and time-consuming.\u003c/p>\n\u003cp>The state began using the database in 2006. From day one, there's been a backlog in the system. It reached a peak in 2013.\u003c/p>\n\u003cp>At a public safety hearing just weeks after the December 2012 Sandy Hook massacre in Newtown, Connecticut, legislators were stunned to learn that the list of prohibited gun owners yet to be investigated had reached 20,000.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It's not just some list that sits there and we just chip away at it. Every day, names are added to that list.'\u003ccite>Kamala Harris\u003c/cite>\u003c/aside>\n\u003cp>Bureau of Firearms Chief Stephen Lindley testified that day that the list had expanded that fast because more than 2,000 people were being added each year.\u003c/p>\n\u003cp>\"Despite our best efforts, the bureau does not have the resources to keep up with this annual influx of cases to reduce the backlog,\" Lindley said.\u003c/p>\n\u003cp>“How many people, how many guns, what would it cost to get them out of the hands of prohibited people as quickly as possible?” asked Senate President Pro Tem Darrell Steinberg (D-Sacramento).\u003c/p>\n\u003cp>Lindley told lawmakers if the bureau could temporarily hire 50 more agents, his department would be able to clear the backlog within three years.\u003c/p>\n\u003cp>“I believe we can arrest our way, and investigate our way, out of this,” Lindley said.\u003c/p>\n\u003cp>“It seems to me that an $8 million, a $15 million a $24 million investment in getting guns out of the hands of a prohibited person would be a very wise and worthy investment,” said Steinberg, who was later able to rally bipartisan support for a one-time allocation of $24 million set to expire this spring.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>DOJ agents investigated 20,000 people since then, but in that time as many people were added to the list, leaving a backlog of roughly 12,000.\u003c/p>\n\u003cp>After the swearing-in of Assembly Speaker Anthony Rendon at the state Capitol Monday, Attorney General Kamala Harris said $24 million was not enough to get the job done.\u003c/p>\n\u003cp>“The Armed and Prohibited Persons List is extensive, and it grows every day,\" Harris told Capital Public Radio. \"It's not just some list that sits there and we just chip away at it. Every day, names are added to that list. I need a lot more resources, frankly, to meet the challenge of -- not only just reducing -- but I want to eliminate that backlog.\"\u003c/p>\n\u003cp>Harris is seeking an annual $4.7 million increase for the program.\u003c/p>\n\u003cp>\u003cstrong>Growing Gun Purchases and a Growing List\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://oag.ca.gov/sites/all/files/agweb/pdfs/publications/sb-140-supp-budget-report.pdf\" target=\"_blank\">A Jan. 1, 2016, DOJ report to the Legislature\u003c/a> cites a surge in gun purchases and new laws that expanded the number of people subject to prohibition.\u003c/p>\n\u003cp>DOJ officials declined to talk to KQED about the report.\u003c/p>\n\u003cp>\"They have not made it a priority. It's as simple as that,\" said Sen. Jim Nielsen (R-Gerber), who voted for the temporary funding in 2013.\u003c/p>\n\u003cp>Nielsen, a budget leader in the Republican caucus, has called for a hearing to find out why DOJ did not eliminate the backlog. “They have not really been accountable in telling us what their problem has been. Their answer is, ‘We need more money, we need more money, we need more money.’ That is not an answer.”\u003c/p>\n\u003cfigure id=\"attachment_10891671\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10891671\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Harris-800x1081.jpg\" alt=\"Attorney General Kamala Harris says the one-time allocation of $24 million wasn't enough to work through a backlog of people currently banned from having guns who may still possess them.\" width=\"800\" height=\"1081\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-800x1081.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-400x540.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-1180x1594.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Harris-960x1297.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Attorney General Kamala Harris says the one-time allocation of $24 million wasn't enough to work through a backlog of people currently banned from having guns who may still possess them. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A 2015 \u003ca href=\"https://www.auditor.ca.gov/pdfs/reports/2015-504.pdf\" target=\"_blank\">report \u003c/a>by the Bureau of State Audits faulted the DOJ for not doing enough to ensure the accuracy of the database and the prompt investigation of people who became prohibited.\u003c/p>\n\u003cp>The BSA said DOJ had repeatedly cited the “redirecting” of APPS agents to other priority work with a statutory deadline as an obstacle.\u003c/p>\n\u003cp>Some responsibility lies with local law enforcement for failing to notify DOJ when they confiscate guns. The DOJ reports 500 such instances since 2013.\u003c/p>\n\u003cp>California Police Chiefs Association president David Bejarano acknowledged law enforcement’s use of APPS got off to a slow start.\u003c/p>\n\u003cp>\"I believe a lot of police departments and sheriff’s departments weren’t fully aware of the APPS system, the database,” Bejarano said. “Obviously in light of what we’re seeing nationwide -- with mass shootings occurring too frequently -- I think there’s a refocus to spend more time using the database, and we’ve seen an improvement.\"\u003c/p>\n\u003cp>Bejarano says DOJ dedicated more time and personnel to work on the APPS backlog and to partner with local law enforcement. He knows of at least 100 joint operations up and down the state.\u003c/p>\n\u003cp>Bejarano, the Chula Vista police chief, said his officers currently conduct annual sweeps to seize guns using the APPS database.\u003c/p>\n\u003cp>“The more weapons we remove from the streets -- especially from those who are prohibited from owning or possessing a weapon -- I’m sure that at some point we’re preventing violence and saving some lives,\" said Bejarano.\u003c/p>\n\u003cp>Nick Wilcox, whose daughter was killed by a gunman, thinks APPS would be even more effective if California lawmakers fully funded it.\u003c/p>\n\u003cp>“In an ideal world, they would be disarming these prohibited persons as soon as they became known to DOJ so that you’re not always feeling like you’re on a treadmill going backwards,” Wilcox said.\u003c/p>\n\u003cp>The Legislature will consider the attorney general’s request for more money to confiscate guns at a hearing in Sacramento on Thursday.\u003c/p>\n\u003cp>The money would come from a special fund -- from a $5 fee people pay for each gun they buy in California -- and would have no impact on the state's general fund. Even with more permanent funding, the DOJ projects it will take until 2020 to reduce the backlog to 3,000 people.\u003c/p>\n\u003cp>\u003cem>California Counts is a collaboration of KPBS, KPCC, KQED and Capital Public Radio to report on the 2016 election. The coverage focuses on major issues and solicits diverse voices on what's important to the future of California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/tag/cacounts\">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/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Two California Judges on Obama's Short List for Supreme Court",
"title": "Two California Judges on Obama's Short List for Supreme Court",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Two California judges from the U.S. Court of Appeals for the 9th Circuit are reportedly on the Obama administration's short list to fill the Supreme Court vacancy left by the sudden death of Justice Antonin Scalia.\u003c/p>\n\u003cp>Both \u003ca href=\"http://www.mercurynews.com/opinion/ci_28838026/jacqueline-h-nguyen-joys-citizenship\" target=\"_blank\">Jacqueline H. Nguyen \u003c/a>and \u003ca href=\"https://ballotpedia.org/Paul_Watford\" target=\"_blank\">Paul J. Watford \u003c/a>are graduates of \u003ca href=\"http://www.law.ucla.edu/\" target=\"_blank\">UCLA Law School\u003c/a>, and if they were to be nominated and confirmed -- decidedly uncertain on both counts -- they would be the first from their law school to serve on the nation's highest court. (Chief Justice Earl Warren attended UC Berkeley).\u003c/p>\n\u003cp>Nguyen and Watford were nominated to the 9th Circuit by President Obama and confirmed in 2012 after their nominations stalled amid partisan bickering over judges, which continues to this day.\u003c/p>\n\u003cp>In the White House announcements of their nominations to the federal bench in 2011, \u003ca href=\"https://www.whitehouse.gov/the-press-office/2011/09/22/president-obama-nominates-judge-jacqueline-h-nguyen-serve-united-states-\" target=\"_blank\">Nguyen was described \u003c/a>by Obama as \"a trailblazer\" who would serve with \"fairness and integrity\" while Watford, who is African-American, was called \"\u003ca href=\"https://www.whitehouse.gov/the-press-office/2011/10/17/president-obama-nominates-paul-j-watford-serve-united-states-court-appea\" target=\"_blank\">diligent, judicious and esteemed\u003c/a>.\"\u003c/p>\n\u003cp>It also noted that Nguyen's family was placed in a refugee camp at Camp Pendleton near San Diego after arriving from Vietnam in 1975 when Nguyen was 10 years old. She was born in 1965 in Da Lat, Vietnam, as Hong-Ngoc Thi Nguyen before changing her name in the U.S.\u003c/p>\n\u003cfigure id=\"attachment_10890839\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeNguyen-800x482.jpg\" alt=\"Judge Jacqueline H. Nguyen\" width=\"800\" height=\"482\" class=\"size-medium wp-image-10890839\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-800x482.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-400x241.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-1180x710.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-960x578.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Jacqueline H. Nguyen \u003ccite>(Federal Judiciary Channel/YouTube)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>NPR and other media outlets report that Obama has already interviewed Watford, who is 48 years old. In a recent blog post, Tom Goldstein, publisher of the respected SCOTUSblog, \u003ca href=\"http://www.scotusblog.com/2016/02/ninth-circuit-judge-paul-watford-is-the-most-likely-nominee-to-replace-antonin-scalia/\" target=\"_blank\">wrote that Watford \u003c/a> is the most likely nominee for various reasons, including that he was recently vetted for the federal court, attracted bipartisan support in his confirmation and that Obama likely wants a more liberal African-American on the court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The court already has one Californian, Anthony Kennedy, who was appointed by President Ronald Reagan. But law professor Rory Little, from UC Hastings College of the Law, thinks adding another 9th Circuit judge makes sense.\u003c/p>\n\u003cp>\"President Obama is not crazy about the East Coast focus of the court,\" he said. \"California is the most populous state and there ought to be somebody from the West on the Supreme Court, and I don't think Justice Kennedy is going to be there a whole lot longer.\"\u003c/p>\n\u003cp>Little added that while the 9th Circuit has a somewhat undeserved reputation for having a high reversal rate from the U.S. Supreme Court, neither Watford nor Nguyen \"have high public profiles\" and both have a \"lack of political explosiveness\" that the president would likely wish to avoid in a nominee. In fact, Little said, the high court recently affirmed a decision written by Watford (Los Angeles v. Patel, \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1175_2qe4.pdf\" target=\"_blank\">No. 13-1175\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_10890841\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeWatford-800x792.jpg\" alt=\"Judge Paul J. Watford.\" width=\"800\" height=\"792\" class=\"size-medium wp-image-10890841\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-800x792.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-400x396.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-1180x1168.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-960x950.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-75x75.jpg 75w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Paul J. Watford. \u003ccite>(Courtesy U.S. Court of Appeals for the Ninth Circuit )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Watford clerked for 9th Circuit Judge Alex Kozinski, a Reagan appointee with libertarian leanings. Judge Kozinski praised Watford as \"polite, someone who never lost his temper or got angry.\"\u003c/p>\n\u003cp>\"Court clerks are the best and the brightest,\" Kozinski added, \"but some are like a violin -- high-strung. Not Paul. He was very calm and methodical.\"\u003c/p>\n\u003cp>All of the current Supreme Court justices, along with the late Justice Scalia, graduated from Ivy League law schools, which many feel limits their view of the world. Except for Kennedy, none are from the West, a point Scalia noted with criticism before he died.\u003c/p>\n\u003cp>Kozinski thinks having a second Californian on the court is a good idea.\u003c/p>\n\u003cp>\"Let’s face it,\" Kozinski said, \"L.A. and Southern California is where 16 million people live. It would be good to have somebody who understands our issues, and problems, our border problem, the geography and the demographics of the Southwest.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Senate Republicans have said they will refuse to even meet with the president's nominee, no matter who it is, arguing that the nomination should wait until the next president takes office in January. But the administration hopes it can break that GOP solidarity with the right nominee, who could increase public pressure to -- at the very least -- hold hearings on the nominee, if not a full vote.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two California judges from the U.S. Court of Appeals for the 9th Circuit are reportedly on the Obama administration's short list to fill the Supreme Court vacancy left by the sudden death of Justice Antonin Scalia.\u003c/p>\n\u003cp>Both \u003ca href=\"http://www.mercurynews.com/opinion/ci_28838026/jacqueline-h-nguyen-joys-citizenship\" target=\"_blank\">Jacqueline H. Nguyen \u003c/a>and \u003ca href=\"https://ballotpedia.org/Paul_Watford\" target=\"_blank\">Paul J. Watford \u003c/a>are graduates of \u003ca href=\"http://www.law.ucla.edu/\" target=\"_blank\">UCLA Law School\u003c/a>, and if they were to be nominated and confirmed -- decidedly uncertain on both counts -- they would be the first from their law school to serve on the nation's highest court. (Chief Justice Earl Warren attended UC Berkeley).\u003c/p>\n\u003cp>Nguyen and Watford were nominated to the 9th Circuit by President Obama and confirmed in 2012 after their nominations stalled amid partisan bickering over judges, which continues to this day.\u003c/p>\n\u003cp>In the White House announcements of their nominations to the federal bench in 2011, \u003ca href=\"https://www.whitehouse.gov/the-press-office/2011/09/22/president-obama-nominates-judge-jacqueline-h-nguyen-serve-united-states-\" target=\"_blank\">Nguyen was described \u003c/a>by Obama as \"a trailblazer\" who would serve with \"fairness and integrity\" while Watford, who is African-American, was called \"\u003ca href=\"https://www.whitehouse.gov/the-press-office/2011/10/17/president-obama-nominates-paul-j-watford-serve-united-states-court-appea\" target=\"_blank\">diligent, judicious and esteemed\u003c/a>.\"\u003c/p>\n\u003cp>It also noted that Nguyen's family was placed in a refugee camp at Camp Pendleton near San Diego after arriving from Vietnam in 1975 when Nguyen was 10 years old. She was born in 1965 in Da Lat, Vietnam, as Hong-Ngoc Thi Nguyen before changing her name in the U.S.\u003c/p>\n\u003cfigure id=\"attachment_10890839\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeNguyen-800x482.jpg\" alt=\"Judge Jacqueline H. Nguyen\" width=\"800\" height=\"482\" class=\"size-medium wp-image-10890839\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-800x482.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-400x241.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-1180x710.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeNguyen-960x578.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Jacqueline H. Nguyen \u003ccite>(Federal Judiciary Channel/YouTube)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>NPR and other media outlets report that Obama has already interviewed Watford, who is 48 years old. In a recent blog post, Tom Goldstein, publisher of the respected SCOTUSblog, \u003ca href=\"http://www.scotusblog.com/2016/02/ninth-circuit-judge-paul-watford-is-the-most-likely-nominee-to-replace-antonin-scalia/\" target=\"_blank\">wrote that Watford \u003c/a> is the most likely nominee for various reasons, including that he was recently vetted for the federal court, attracted bipartisan support in his confirmation and that Obama likely wants a more liberal African-American on the court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The court already has one Californian, Anthony Kennedy, who was appointed by President Ronald Reagan. But law professor Rory Little, from UC Hastings College of the Law, thinks adding another 9th Circuit judge makes sense.\u003c/p>\n\u003cp>\"President Obama is not crazy about the East Coast focus of the court,\" he said. \"California is the most populous state and there ought to be somebody from the West on the Supreme Court, and I don't think Justice Kennedy is going to be there a whole lot longer.\"\u003c/p>\n\u003cp>Little added that while the 9th Circuit has a somewhat undeserved reputation for having a high reversal rate from the U.S. Supreme Court, neither Watford nor Nguyen \"have high public profiles\" and both have a \"lack of political explosiveness\" that the president would likely wish to avoid in a nominee. In fact, Little said, the high court recently affirmed a decision written by Watford (Los Angeles v. Patel, \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1175_2qe4.pdf\" target=\"_blank\">No. 13-1175\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_10890841\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeWatford-800x792.jpg\" alt=\"Judge Paul J. Watford.\" width=\"800\" height=\"792\" class=\"size-medium wp-image-10890841\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-800x792.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-400x396.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-1180x1168.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-960x950.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeWatford-75x75.jpg 75w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Paul J. Watford. \u003ccite>(Courtesy U.S. Court of Appeals for the Ninth Circuit )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Watford clerked for 9th Circuit Judge Alex Kozinski, a Reagan appointee with libertarian leanings. Judge Kozinski praised Watford as \"polite, someone who never lost his temper or got angry.\"\u003c/p>\n\u003cp>\"Court clerks are the best and the brightest,\" Kozinski added, \"but some are like a violin -- high-strung. Not Paul. He was very calm and methodical.\"\u003c/p>\n\u003cp>All of the current Supreme Court justices, along with the late Justice Scalia, graduated from Ivy League law schools, which many feel limits their view of the world. Except for Kennedy, none are from the West, a point Scalia noted with criticism before he died.\u003c/p>\n\u003cp>Kozinski thinks having a second Californian on the court is a good idea.\u003c/p>\n\u003cp>\"Let’s face it,\" Kozinski said, \"L.A. and Southern California is where 16 million people live. It would be good to have somebody who understands our issues, and problems, our border problem, the geography and the demographics of the Southwest.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Senate Republicans have said they will refuse to even meet with the president's nominee, no matter who it is, arguing that the nomination should wait until the next president takes office in January. But the administration hopes it can break that GOP solidarity with the right nominee, who could increase public pressure to -- at the very least -- hold hearings on the nominee, if not a full vote.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"headTitle": "Election 2016 | The California Report | KQED News",
"content": "\u003cp>The California Supreme Court ruled Wednesday that Gov. Jerry Brown can continue pursuing a plan to reduce the state's prison inmate population by releasing certain nonviolent felons early while it considers a legal challenge.\u003c/p>\n\u003cp>The high court's brief order means Brown's supporters can gather signatures to qualify a measure for the November ballot while the court decides whether the governor made improper, late additions to a juvenile justice proposition.\u003c/p>\n\u003cp>A Sacramento County judge \u003ca href=\"http://ww2.kqed.org/news/2016/02/25/judge-blocks-gov-browns-prison-population-ballot-measure\" target=\"_blank\">halted the qualifying process last month\u003c/a> after the California District Attorneys Association filed a lawsuit challenging the late additions. The judge ruled that Brown's additions substantially changed the proposed ballot language after it had gone through a public comment period.\u003c/p>\n\u003cp>[contextly_sidebar id=\"jNBWaFQ9f312zrSMLCKyvpKG11CE2RBK\"]\u003c/p>\n\u003cp>But the Supreme Court ruled last week that the qualifying process can continue while the lawsuit is being decided. It reaffirmed that position Wednesday while putting the onus on the prosecutors to show the governor's changes were improper, rather than having Brown defend the additions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The high court didn't rule on the lawsuit's merits Wednesday, giving both sides until the end of the month to submit written legal arguments.\u003c/p>\n\u003cp>The proposed measure was filed with the attorney general's office in December as an attempt to transfer the power of deciding whether to prosecute juveniles as adults from prosecutors to judges. After the 30-day public comment period on the proposed ballot measure expired, Brown added language that would allow certain nonviolent adult felons to earn parole earlier while qualifying others for earlier releases from prison.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2016/02/12/prosecutors-cry-foul-over-jerry-browns-ballot-measure\" target=\"_blank\">prosecutors say the additions are an end run around the public comment provision\u003c/a> and that they intend to continue their legal fight.\u003c/p>\n\u003cp>\"We believe when this court looks at all the information they will agree with the lower court and rule decidedly in our favor,\" California District Attorneys Association chief executive Mark Zahner said in a statement.\u003c/p>\n\u003cp>A governor's spokesman didn't immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>California is under court order to ease overcrowding in its prisons.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The California Supreme Court ruled Wednesday that Gov. Jerry Brown can continue pursuing a plan to reduce the state's prison inmate population by releasing certain nonviolent felons early while it considers a legal challenge.\u003c/p>\n\u003cp>The high court's brief order means Brown's supporters can gather signatures to qualify a measure for the November ballot while the court decides whether the governor made improper, late additions to a juvenile justice proposition.\u003c/p>\n\u003cp>A Sacramento County judge \u003ca href=\"http://ww2.kqed.org/news/2016/02/25/judge-blocks-gov-browns-prison-population-ballot-measure\" target=\"_blank\">halted the qualifying process last month\u003c/a> after the California District Attorneys Association filed a lawsuit challenging the late additions. The judge ruled that Brown's additions substantially changed the proposed ballot language after it had gone through a public comment period.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But the Supreme Court ruled last week that the qualifying process can continue while the lawsuit is being decided. It reaffirmed that position Wednesday while putting the onus on the prosecutors to show the governor's changes were improper, rather than having Brown defend the additions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The high court didn't rule on the lawsuit's merits Wednesday, giving both sides until the end of the month to submit written legal arguments.\u003c/p>\n\u003cp>The proposed measure was filed with the attorney general's office in December as an attempt to transfer the power of deciding whether to prosecute juveniles as adults from prosecutors to judges. After the 30-day public comment period on the proposed ballot measure expired, Brown added language that would allow certain nonviolent adult felons to earn parole earlier while qualifying others for earlier releases from prison.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2016/02/12/prosecutors-cry-foul-over-jerry-browns-ballot-measure\" target=\"_blank\">prosecutors say the additions are an end run around the public comment provision\u003c/a> and that they intend to continue their legal fight.\u003c/p>\n\u003cp>\"We believe when this court looks at all the information they will agree with the lower court and rule decidedly in our favor,\" California District Attorneys Association chief executive Mark Zahner said in a statement.\u003c/p>\n\u003cp>A governor's spokesman didn't immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>California is under court order to ease overcrowding in its prisons.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"headTitle": "The California Report | KQED News",
"content": "\u003cp>Maria Trujillo cleaned buildings for 25 years.\u003c/p>\n\u003cp>But on Tuesday, she was leading a chant at a rally outside the state Capitol, calling for an end to abusive working conditions and sexual harassment for janitors like herself who have experienced sexual assault on the job.\u003c/p>\n\u003cp>\"At the beginning, I felt really worthless,\" said Trujillo. \"I felt like I was worth nothing. I felt like as an immigrant woman, I had to take this, and anyone could step all over me.\"\u003c/p>\n\u003cp>California Assemblywoman Lorena Gonzalez attended the same rally, where she \u003ca href=\"https://www.revealnews.org/blog/a-plan-is-emerging-to-fight-the-sexual-abuse-of-janitors-in-california/\" target=\"_blank\"> announced that her office is working on a bill\u003c/a> to increase protections for female janitors.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/251051351\" 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>Gonzalez said she was moved to tears by \u003ca href=\"http://ww2.kqed.org/news/tag/night-shift\" target=\"_blank\">\"Rape on the Night Shift,\"\u003c/a> a collaboration between Reveal, the Investigative Reporting Program at UC Berkeley, KQED, Frontline and Univision, and that it inspired her to improve conditions for women who are subject to abuse while cleaning buildings alone at night.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Tuesday's rallies -- which also marked International Women's Day -- came as a \u003ca href=\"http://laborcenter.berkeley.edu/pdf/2016/Race-to-the-Bottom.pdf\" target=\"_blank\">new study\u003c/a> released by UC Berkeley's \u003ca href=\"http://laborcenter.berkeley.edu/\" target=\"_blank\">Center for Labor Research and Education\u003c/a> linked subcontracting work to lower wages, fewer benefits, risk of sexual assault and other employment law violations, compared with non-subcontracted workers.\u003c/p>\n\u003cp>Researchers looked at janitorial and security service workers in California over a 30-year period to examine the impact of subcontract work on job quality outcomes for more than 200,000 service workers laboring under a subcontract.\u003c/p>\n\u003cfigure id=\"attachment_10889886\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10889886\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS18732_JanitorsRally-800x490.jpg\" alt=\"Protesters rally in support of janitors, and to bring attention to issues of sexual harassment and assault in the workplace at the state Capitol on March 8, 2016.\" width=\"800\" height=\"490\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-800x490.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-400x245.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-1180x723.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-960x588.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters rally in support of janitors, and to bring attention to issues of sexual harassment and assault in the workplace at the state Capitol on March 8, 2016. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>They found that wages within the property services industry have declined or remained stagnant, even as employment in the janitorial and security industry has increased faster than other sectors of the economy.\u003c/p>\n\u003cp>Contracted janitors earned 20 percent less than noncontracted janitors, while contracted security officers earned 18 percent less.\u003c/p>\n\u003cp>\"This is the first time we’ve been able to look specifically at this industry and confirm that the trend of low wages and poor work incomes is associated with subcontracting over time,\" said Sara Hinkley, a postdoctoral fellow at the\u003ca href=\"http://laborcenter.berkeley.edu/\" target=\"_blank\"> Labor Center at UC Berkeley\u003c/a> and an author the study. \"We're talking about a significant number of workers that really represent the archetype of subcontracting.\"\u003c/p>\n\u003cp>The report also shows that contracted workers are significantly less likely to have health insurance. Thirty-five percent of contracted janitors had health insurance through their employer or union, while 62 percent of noncontracted janitors had health insurance.\u003c/p>\n\u003cp>\u003cstrong>High Risk of Sexual Harassment and Assault\u003c/strong>\u003c/p>\n\u003cp>In looking at sexual harassment and assault in the workplace, researchers repeatedly cited reporting from \"Rape on the Night Shift.\" They found that the property services industry is structured in a way that leaves workers \u003ca href=\"http://ww2.kqed.org/news/2015/06/23/former-janitors-go-undercover-to-clean-up-abuses-rape-on-the-night-shift/\" target=\"_blank\">vulnerable\u003c/a> to sexual assault and afraid to report it.\u003c/p>\n\u003cp>\"Janitors and security officers tend to work alone at night in empty buildings and are isolated from almost everyone except their immediate supervisor,\" said Helen Chen, co-author of the study and coordinator of public programs at the UC Berkeley Labor Occupational Health Program. \"\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/working-alone-at-night-janitors-risk-sexual-violence-rape-on-the-night-shift/\" target=\"_blank\">This isolation is a major risk factor \u003c/a>for sexual harassment, particularly when the harasser is their supervisor, which is a common occurrence in this industry.\"\u003c/p>\n\u003cp>Several other factors that researchers found increase the risk of sexual harassment include lack of accountability and lack of resources for prevention services on the part of smaller employers.\u003c/p>\n\u003cp>Researchers add that a workplace culture that does not support survivors, coupled with a high number of immigrant and undocumented female workers, leaves many in fear of retribution. Thus, many incidents go unreported.\u003c/p>\n\u003cp>\"We talked to one janitor who was sexually propositioned by her supervisor and harassed for a year,\" said Chen. \"That same supervisor harassed other women in the workplace and was never reprimanded. Employers generally do not have sexual harassment policies in place, and if they do, those policies are inadequate or are not enforced.\"\u003c/p>\n\u003cp>\u003cstrong>Disproportionately Affecting Immigrants, People of Color\u003c/strong>\u003c/p>\n\u003cp>While Latinos make up 37 percent of California's overall workforce, they make up 82 percent of contracted janitors and 41 percent of those who are not contracted.\u003c/p>\n\u003cp>[contextly_sidebar id=\"oQktQM16n0yp7JDEd8B58VzE3wImXj8R\"]\u003c/p>\n\u003cp>The majority of contracted janitors are also immigrants, with 75 percent of them being foreign-born.\u003c/p>\n\u003cp>\"You have a situation where contractors use the situation of immigrant status and gender as a means to create an environment of exploitation and harassment,\" said David Huerta, president of \u003ca href=\"http://www.seiu-usww.org/\" target=\"_blank\">Service Employees International Union United Service Workers West\u003c/a>, which represents 45,000 service workers throughout California.\u003c/p>\n\u003cp>Security officers are less likely to be immigrants because of the English-language requirements for the job. However, they are more likely to be African-American.\u003c/p>\n\u003cp>\"These are things we've been talking about for some time now,,\" said Huerta. \"And as we start talking about the issue of racial justice and immigrant justice in this country, more and more we're going to see that this dysfunction within subcontract industries exist.\"\u003c/p>\n\u003cp>\u003cstrong>High Competition, Lower wages\u003c/strong>\u003c/p>\n\u003cp>In talking with employers and industry experts, researchers found that the intense competition between contract companies, coupled with the labor-intensive nature of contract work, is what puts wages and working conditions on the chopping block.\u003c/p>\n\u003cp>Because labor cost accounts for the largest percentage of a contractor's cost of doing business, companies often find themselves unable to compete if their prices don't remain competitive.\u003c/p>\n\u003cp>\"The most room that they have to cut costs is in the group of expenditures associated with hiring workers,\" said Hinkley. \"They're continually competing with companies that are offering lower and lower costs based on being able to reduce the amount of money they spend on labor.\"\u003c/p>\n\u003cp>In conducting her research, Hinkley did find that there are employers out there who were genuine about wanting to offer their workers good jobs.\u003c/p>\n\u003cp>\"These employers want to compete based on offering quality services, innovation and productivity enhancements. But instead, they have to compete in a market that's all about cutting labor costs,\" said Hinkley.\u003c/p>\n\u003cp>As for Huerta, who represents property service workers on the West Coast, his union's relatively strong footprint isn't cause for celebration. He notes that it's important to recognize the work to be done.\u003c/p>\n\u003cp>\"This study indicates where progress has been made, but also shows where progress hasn't been made, and the reality that subcontractors had on the depressed wages on this industry and our economy,\" Huerta said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Chen, who co-authored the report's section on sexual assault and harassment, said her office is developing a set of recommendations for the property service industry that will be released in April.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Maria Trujillo cleaned buildings for 25 years.\u003c/p>\n\u003cp>But on Tuesday, she was leading a chant at a rally outside the state Capitol, calling for an end to abusive working conditions and sexual harassment for janitors like herself who have experienced sexual assault on the job.\u003c/p>\n\u003cp>\"At the beginning, I felt really worthless,\" said Trujillo. \"I felt like I was worth nothing. I felt like as an immigrant woman, I had to take this, and anyone could step all over me.\"\u003c/p>\n\u003cp>California Assemblywoman Lorena Gonzalez attended the same rally, where she \u003ca href=\"https://www.revealnews.org/blog/a-plan-is-emerging-to-fight-the-sexual-abuse-of-janitors-in-california/\" target=\"_blank\"> announced that her office is working on a bill\u003c/a> to increase protections for female janitors.\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/251051351&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/251051351'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Gonzalez said she was moved to tears by \u003ca href=\"http://ww2.kqed.org/news/tag/night-shift\" target=\"_blank\">\"Rape on the Night Shift,\"\u003c/a> a collaboration between Reveal, the Investigative Reporting Program at UC Berkeley, KQED, Frontline and Univision, and that it inspired her to improve conditions for women who are subject to abuse while cleaning buildings alone at night.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Tuesday's rallies -- which also marked International Women's Day -- came as a \u003ca href=\"http://laborcenter.berkeley.edu/pdf/2016/Race-to-the-Bottom.pdf\" target=\"_blank\">new study\u003c/a> released by UC Berkeley's \u003ca href=\"http://laborcenter.berkeley.edu/\" target=\"_blank\">Center for Labor Research and Education\u003c/a> linked subcontracting work to lower wages, fewer benefits, risk of sexual assault and other employment law violations, compared with non-subcontracted workers.\u003c/p>\n\u003cp>Researchers looked at janitorial and security service workers in California over a 30-year period to examine the impact of subcontract work on job quality outcomes for more than 200,000 service workers laboring under a subcontract.\u003c/p>\n\u003cfigure id=\"attachment_10889886\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10889886\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS18732_JanitorsRally-800x490.jpg\" alt=\"Protesters rally in support of janitors, and to bring attention to issues of sexual harassment and assault in the workplace at the state Capitol on March 8, 2016.\" width=\"800\" height=\"490\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-800x490.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-400x245.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-1180x723.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS18732_JanitorsRally-960x588.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters rally in support of janitors, and to bring attention to issues of sexual harassment and assault in the workplace at the state Capitol on March 8, 2016. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>They found that wages within the property services industry have declined or remained stagnant, even as employment in the janitorial and security industry has increased faster than other sectors of the economy.\u003c/p>\n\u003cp>Contracted janitors earned 20 percent less than noncontracted janitors, while contracted security officers earned 18 percent less.\u003c/p>\n\u003cp>\"This is the first time we’ve been able to look specifically at this industry and confirm that the trend of low wages and poor work incomes is associated with subcontracting over time,\" said Sara Hinkley, a postdoctoral fellow at the\u003ca href=\"http://laborcenter.berkeley.edu/\" target=\"_blank\"> Labor Center at UC Berkeley\u003c/a> and an author the study. \"We're talking about a significant number of workers that really represent the archetype of subcontracting.\"\u003c/p>\n\u003cp>The report also shows that contracted workers are significantly less likely to have health insurance. Thirty-five percent of contracted janitors had health insurance through their employer or union, while 62 percent of noncontracted janitors had health insurance.\u003c/p>\n\u003cp>\u003cstrong>High Risk of Sexual Harassment and Assault\u003c/strong>\u003c/p>\n\u003cp>In looking at sexual harassment and assault in the workplace, researchers repeatedly cited reporting from \"Rape on the Night Shift.\" They found that the property services industry is structured in a way that leaves workers \u003ca href=\"http://ww2.kqed.org/news/2015/06/23/former-janitors-go-undercover-to-clean-up-abuses-rape-on-the-night-shift/\" target=\"_blank\">vulnerable\u003c/a> to sexual assault and afraid to report it.\u003c/p>\n\u003cp>\"Janitors and security officers tend to work alone at night in empty buildings and are isolated from almost everyone except their immediate supervisor,\" said Helen Chen, co-author of the study and coordinator of public programs at the UC Berkeley Labor Occupational Health Program. \"\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/working-alone-at-night-janitors-risk-sexual-violence-rape-on-the-night-shift/\" target=\"_blank\">This isolation is a major risk factor \u003c/a>for sexual harassment, particularly when the harasser is their supervisor, which is a common occurrence in this industry.\"\u003c/p>\n\u003cp>Several other factors that researchers found increase the risk of sexual harassment include lack of accountability and lack of resources for prevention services on the part of smaller employers.\u003c/p>\n\u003cp>Researchers add that a workplace culture that does not support survivors, coupled with a high number of immigrant and undocumented female workers, leaves many in fear of retribution. Thus, many incidents go unreported.\u003c/p>\n\u003cp>\"We talked to one janitor who was sexually propositioned by her supervisor and harassed for a year,\" said Chen. \"That same supervisor harassed other women in the workplace and was never reprimanded. Employers generally do not have sexual harassment policies in place, and if they do, those policies are inadequate or are not enforced.\"\u003c/p>\n\u003cp>\u003cstrong>Disproportionately Affecting Immigrants, People of Color\u003c/strong>\u003c/p>\n\u003cp>While Latinos make up 37 percent of California's overall workforce, they make up 82 percent of contracted janitors and 41 percent of those who are not contracted.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The majority of contracted janitors are also immigrants, with 75 percent of them being foreign-born.\u003c/p>\n\u003cp>\"You have a situation where contractors use the situation of immigrant status and gender as a means to create an environment of exploitation and harassment,\" said David Huerta, president of \u003ca href=\"http://www.seiu-usww.org/\" target=\"_blank\">Service Employees International Union United Service Workers West\u003c/a>, which represents 45,000 service workers throughout California.\u003c/p>\n\u003cp>Security officers are less likely to be immigrants because of the English-language requirements for the job. However, they are more likely to be African-American.\u003c/p>\n\u003cp>\"These are things we've been talking about for some time now,,\" said Huerta. \"And as we start talking about the issue of racial justice and immigrant justice in this country, more and more we're going to see that this dysfunction within subcontract industries exist.\"\u003c/p>\n\u003cp>\u003cstrong>High Competition, Lower wages\u003c/strong>\u003c/p>\n\u003cp>In talking with employers and industry experts, researchers found that the intense competition between contract companies, coupled with the labor-intensive nature of contract work, is what puts wages and working conditions on the chopping block.\u003c/p>\n\u003cp>Because labor cost accounts for the largest percentage of a contractor's cost of doing business, companies often find themselves unable to compete if their prices don't remain competitive.\u003c/p>\n\u003cp>\"The most room that they have to cut costs is in the group of expenditures associated with hiring workers,\" said Hinkley. \"They're continually competing with companies that are offering lower and lower costs based on being able to reduce the amount of money they spend on labor.\"\u003c/p>\n\u003cp>In conducting her research, Hinkley did find that there are employers out there who were genuine about wanting to offer their workers good jobs.\u003c/p>\n\u003cp>\"These employers want to compete based on offering quality services, innovation and productivity enhancements. But instead, they have to compete in a market that's all about cutting labor costs,\" said Hinkley.\u003c/p>\n\u003cp>As for Huerta, who represents property service workers on the West Coast, his union's relatively strong footprint isn't cause for celebration. He notes that it's important to recognize the work to be done.\u003c/p>\n\u003cp>\"This study indicates where progress has been made, but also shows where progress hasn't been made, and the reality that subcontractors had on the depressed wages on this industry and our economy,\" Huerta said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Other Cities Emulate Richmond's Innovative Approach to Ending Gun Violence",
"title": "Other Cities Emulate Richmond's Innovative Approach to Ending Gun Violence",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Rasheed always knew there was a world beyond Richmond. But he wasn't sure he would live to see it.\u003c/p>\n\u003cp>“Soon as I think outside the box, with attention going outside the box, it’s like shoot, I’m dead,” he said. “You see what I’m saying? Or I’m losing.”\u003c/p>\n\u003cp>Rasheed, who didn't want his last name published, said that by the time he was 18 he knew more than a dozen people who had been killed or were in prison.\u003c/p>\n\u003cp>\"You go into survival mode,” he said. “You have to adapt. You don’t want nobody taking your food, you don’t want nobody killing you, you don’t want nobody using you, disrespecting you, so you gonna adapt to your situation.\"\u003c/p>\n\u003cp>Then in 2008, Rasheed was hanging out with some friends when city workers offered him an \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/09/26/richmond-anti-crime-program-takes-enemies-on-free-trips-operation-peacemaker-fellowship/\">Operation Peacemaker Fellowship\u003c/a>. The program gives participants training and support to help them stay out of trouble -- and pays them up to $1,000 to do so.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>His first reaction to the offer: “OK, did the police send you out to us? Are you all trying to basically set us up in some way? That’s how we were thinking at first.”\u003c/p>\n\u003cp>After learning more about the fellowship, Rasheed decided to try it. After all, he had a 4-month-old son to support.\u003c/p>\n\u003cp>“It’s [parenthood] going to motivate you to be a better person,” he said. “It did me. 'Cause it was kind of like, it scare you, but then it make you happy at the same time.”\u003c/p>\n\u003cp>Richmond's fellowship program was part of a city-backed effort to treat gun violence as a \u003ca href=\"http://www.cdc.gov/violenceprevention/pdf/history_violence-a.pdf\">public health problem\u003c/a>, not just as a crime issue, according to Mayor Tom Butt. The program began in 2007, when the city's homicide rate was soaring. Now cities around the country are considering similar strategies, using lessons learned from Richmond.\u003c/p>\n\u003cp>“We didn’t know whether it was going to work or not,” said Butt, who was a city councilman in 2007. “But we were sort of desperate, and it was a governmental obligation that we had to address this gun violence issue.”\u003c/p>\n\u003cp>DeVone Boggan created the program, after analyzing city crime data. He found that a small percentage of the population committed most of the shootings in the city. By targeting that specific population -- the young men most likely to shoot or get shot -- Boggan believed he could have the greatest impact on reducing gun violence.\u003c/p>\n\u003cp>He convinced city officials to establish an \u003ca href=\"http://www.ci.richmond.ca.us/271/Office-of-Neighborhood-Safety\">Office of Neighborhood Safety\u003c/a> and let him run it.\u003c/p>\n\u003cp>“We’re the only agency in the city of Richmond that is engaging the one-percenters — those individuals who are the most lethal young men in our city, who continue to walk our streets,” he said.\u003c/p>\n\u003cp>Boggan's office employs a number of approaches to reduce crime, of which the fellowship program is just one. But, owing to the stipend it pays participants, that program has received the most \u003ca href=\"http://www.motherjones.com/politics/2014/06/richmond-california-murder-rate-gun-death\">attention\u003c/a>. The stipends, however, are funded by foundation grants, not taxpayer dollars.\u003c/p>\n\u003cp>“The stipend is a gesture of saying you are valuable, your expertise is valuable, your contribution to this work of creating a healthier city is valuable,” Boggan said. “Hell, we should be giving you more.”\u003c/p>\n\u003cp>According to Boggan, the program succeeds because it helps participants forge relationships that aren’t based on fear or hate or grief.\u003c/p>\n\u003cfigure id=\"attachment_10889645\" class=\"wp-caption aligncenter\" style=\"max-width: 658px\">\u003cimg class=\"size-full wp-image-10889645\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM.png\" alt=\"ONS staff and fellows travel on a trip to Mexico.\" width=\"658\" height=\"536\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM.png 658w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM-400x326.png 400w\" sizes=\"(max-width: 658px) 100vw, 658px\">\u003cfigcaption class=\"wp-caption-text\">ONS staff and fellows travel on a trip to Mexico. \u003ccite>(Courtesy of the Office of Neighborhood Safety)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rasheed, who completed his fellowship in 2010, calls the program staff “the lost positive fathers of Richmond.\" He said they gave him \"a model of what your mom would want you to be.”\u003c/p>\n\u003cp>The 25-year-old has since moved out of the city, recently earned his commercial driver's license, and is hoping to build a career in trucking. He lovingly described his 7-year-old son as a nerd.\u003c/p>\n\u003cp>“He reads and knows his math, and like, he’s like a kid. A real kid,” he said.\u003c/p>\n\u003cp>Last year, the \u003ca href=\"http://www.nccdglobal.org/sites/default/files/publication_pdf/ons-process-evaluation.pdf\">National Council on Crime and Delinquency\u003c/a> evaluated the success of the Office of Neighborhood Safety and found that the overwhelming majority of the program's 68 graduates haven't been involved in a shooting. According to its report, 94 percent of fellows are still alive, 84 percent haven’t been injured by a firearm, and 79 percent have not been arrested for any new, firearm-related offense.\u003c/p>\n\u003cfigure id=\"attachment_10889647\" class=\"wp-caption aligncenter\" style=\"max-width: 505px\">\u003cimg class=\"size-full wp-image-10889647\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM.png\" alt=\"NCCD evaluation report on Office of Neighborhood Safety\" width=\"505\" height=\"384\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM.png 505w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM-400x304.png 400w\" sizes=\"(max-width: 505px) 100vw, 505px\">\u003cfigcaption class=\"wp-caption-text\">NCCD evaluation report on Office of Neighborhood Safety\u003c/figcaption>\u003c/figure>\n\u003cp>Cities across the country have taken notice of those stats. On March 1, the Council of the District of Columbia voted to establish an \u003ca href=\"http://www.njjn.org/article/d-c--bill-would-shift-focus-of-violent-crime-prevention-to-public-health-based-framework\">Office of Violence Prevention and Health Equity\u003c/a>, modeled after Richmond’s Office of Neighborhood Safety. Toledo, Ohio and Oakland are also considering similar programs.\u003c/p>\n\u003cp>Boggan, who is stepping down from his post later this month to help other cities implement his ideas, warns there is no quick fix.\u003c/p>\n\u003cp>“What we do here requires that we appreciate and understand the anatomy of who these young men are,” he said. “And that’s work. It’s much more than paying a criminal not to shoot.”\u003c/p>\n\u003cp>And despite the success of the program, gun violence remains a problem in Richmond. After the city's homicide rate hit a 33-year low in 2014, violent crime \u003ca href=\"http://ww2.kqed.org/news/2015/08/13/crime-spike-in-richmond-a-challenge-for-community-policing\">spiked\u003c/a> last year.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“If it turns into a new trend, you know, I think we need to take a hard look at what we’re doing and see if we need to do more of it or do it differently or do something else,” Mayor Butt said.\u003c/p>\n\n",
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"excerpt": "Richmond's innovative Office of Neighborhood Safety is being copied around the country.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rasheed always knew there was a world beyond Richmond. But he wasn't sure he would live to see it.\u003c/p>\n\u003cp>“Soon as I think outside the box, with attention going outside the box, it’s like shoot, I’m dead,” he said. “You see what I’m saying? Or I’m losing.”\u003c/p>\n\u003cp>Rasheed, who didn't want his last name published, said that by the time he was 18 he knew more than a dozen people who had been killed or were in prison.\u003c/p>\n\u003cp>\"You go into survival mode,” he said. “You have to adapt. You don’t want nobody taking your food, you don’t want nobody killing you, you don’t want nobody using you, disrespecting you, so you gonna adapt to your situation.\"\u003c/p>\n\u003cp>Then in 2008, Rasheed was hanging out with some friends when city workers offered him an \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/09/26/richmond-anti-crime-program-takes-enemies-on-free-trips-operation-peacemaker-fellowship/\">Operation Peacemaker Fellowship\u003c/a>. The program gives participants training and support to help them stay out of trouble -- and pays them up to $1,000 to do so.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>His first reaction to the offer: “OK, did the police send you out to us? Are you all trying to basically set us up in some way? That’s how we were thinking at first.”\u003c/p>\n\u003cp>After learning more about the fellowship, Rasheed decided to try it. After all, he had a 4-month-old son to support.\u003c/p>\n\u003cp>“It’s [parenthood] going to motivate you to be a better person,” he said. “It did me. 'Cause it was kind of like, it scare you, but then it make you happy at the same time.”\u003c/p>\n\u003cp>Richmond's fellowship program was part of a city-backed effort to treat gun violence as a \u003ca href=\"http://www.cdc.gov/violenceprevention/pdf/history_violence-a.pdf\">public health problem\u003c/a>, not just as a crime issue, according to Mayor Tom Butt. The program began in 2007, when the city's homicide rate was soaring. Now cities around the country are considering similar strategies, using lessons learned from Richmond.\u003c/p>\n\u003cp>“We didn’t know whether it was going to work or not,” said Butt, who was a city councilman in 2007. “But we were sort of desperate, and it was a governmental obligation that we had to address this gun violence issue.”\u003c/p>\n\u003cp>DeVone Boggan created the program, after analyzing city crime data. He found that a small percentage of the population committed most of the shootings in the city. By targeting that specific population -- the young men most likely to shoot or get shot -- Boggan believed he could have the greatest impact on reducing gun violence.\u003c/p>\n\u003cp>He convinced city officials to establish an \u003ca href=\"http://www.ci.richmond.ca.us/271/Office-of-Neighborhood-Safety\">Office of Neighborhood Safety\u003c/a> and let him run it.\u003c/p>\n\u003cp>“We’re the only agency in the city of Richmond that is engaging the one-percenters — those individuals who are the most lethal young men in our city, who continue to walk our streets,” he said.\u003c/p>\n\u003cp>Boggan's office employs a number of approaches to reduce crime, of which the fellowship program is just one. But, owing to the stipend it pays participants, that program has received the most \u003ca href=\"http://www.motherjones.com/politics/2014/06/richmond-california-murder-rate-gun-death\">attention\u003c/a>. The stipends, however, are funded by foundation grants, not taxpayer dollars.\u003c/p>\n\u003cp>“The stipend is a gesture of saying you are valuable, your expertise is valuable, your contribution to this work of creating a healthier city is valuable,” Boggan said. “Hell, we should be giving you more.”\u003c/p>\n\u003cp>According to Boggan, the program succeeds because it helps participants forge relationships that aren’t based on fear or hate or grief.\u003c/p>\n\u003cfigure id=\"attachment_10889645\" class=\"wp-caption aligncenter\" style=\"max-width: 658px\">\u003cimg class=\"size-full wp-image-10889645\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM.png\" alt=\"ONS staff and fellows travel on a trip to Mexico.\" width=\"658\" height=\"536\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM.png 658w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.43.32-PM-400x326.png 400w\" sizes=\"(max-width: 658px) 100vw, 658px\">\u003cfigcaption class=\"wp-caption-text\">ONS staff and fellows travel on a trip to Mexico. \u003ccite>(Courtesy of the Office of Neighborhood Safety)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rasheed, who completed his fellowship in 2010, calls the program staff “the lost positive fathers of Richmond.\" He said they gave him \"a model of what your mom would want you to be.”\u003c/p>\n\u003cp>The 25-year-old has since moved out of the city, recently earned his commercial driver's license, and is hoping to build a career in trucking. He lovingly described his 7-year-old son as a nerd.\u003c/p>\n\u003cp>“He reads and knows his math, and like, he’s like a kid. A real kid,” he said.\u003c/p>\n\u003cp>Last year, the \u003ca href=\"http://www.nccdglobal.org/sites/default/files/publication_pdf/ons-process-evaluation.pdf\">National Council on Crime and Delinquency\u003c/a> evaluated the success of the Office of Neighborhood Safety and found that the overwhelming majority of the program's 68 graduates haven't been involved in a shooting. According to its report, 94 percent of fellows are still alive, 84 percent haven’t been injured by a firearm, and 79 percent have not been arrested for any new, firearm-related offense.\u003c/p>\n\u003cfigure id=\"attachment_10889647\" class=\"wp-caption aligncenter\" style=\"max-width: 505px\">\u003cimg class=\"size-full wp-image-10889647\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM.png\" alt=\"NCCD evaluation report on Office of Neighborhood Safety\" width=\"505\" height=\"384\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM.png 505w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/Screen-Shot-2016-03-08-at-1.49.58-PM-400x304.png 400w\" sizes=\"(max-width: 505px) 100vw, 505px\">\u003cfigcaption class=\"wp-caption-text\">NCCD evaluation report on Office of Neighborhood Safety\u003c/figcaption>\u003c/figure>\n\u003cp>Cities across the country have taken notice of those stats. On March 1, the Council of the District of Columbia voted to establish an \u003ca href=\"http://www.njjn.org/article/d-c--bill-would-shift-focus-of-violent-crime-prevention-to-public-health-based-framework\">Office of Violence Prevention and Health Equity\u003c/a>, modeled after Richmond’s Office of Neighborhood Safety. Toledo, Ohio and Oakland are also considering similar programs.\u003c/p>\n\u003cp>Boggan, who is stepping down from his post later this month to help other cities implement his ideas, warns there is no quick fix.\u003c/p>\n\u003cp>“What we do here requires that we appreciate and understand the anatomy of who these young men are,” he said. “And that’s work. It’s much more than paying a criminal not to shoot.”\u003c/p>\n\u003cp>And despite the success of the program, gun violence remains a problem in Richmond. After the city's homicide rate hit a 33-year low in 2014, violent crime \u003ca href=\"http://ww2.kqed.org/news/2015/08/13/crime-spike-in-richmond-a-challenge-for-community-policing\">spiked\u003c/a> last year.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“If it turns into a new trend, you know, I think we need to take a hard look at what we’re doing and see if we need to do more of it or do it differently or do something else,” Mayor Butt said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Judge Allows Planning for High-Speed Rail to Move Forward",
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"content": "\u003cp>SACRAMENTO — A judge has removed a major hurdle to California's high-speed rail system, ruling that the $64 billion system does not violate promises made to the voters who approved it and that planning and financing can proceed.\u003c/p>\n\u003cp>The ruling announced Tuesday came in a lawsuit filed by attorneys for Kings County and a group of landowners who claim the state's projections on ridership, construction and operating figures are not reliable.\u003c/p>\n\u003cp>They asked the judge to block the state from spending money on the project.\u003c/p>\n\u003cp>However, Sacramento County Superior Court Judge Michael Kenny said the 2008 ballot initiative specified only that the state could issue bonds to construct a high-speed rail system and did not prevent modifications to the plan voters were given.\u003c/p>\n\u003cp>He agreed with the plaintiffs that the California High-Speed Rail Authority has not proved the rail system will be financially viable or can meet the travel times voters were promised, but said the system continues to evolve so it is premature for the court to intervene.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The authority may be able to accomplish these objectives at some point in the future. This project is an ongoing, dynamic, changing project,\" Kenny wrote.\u003c/p>\n\u003cp>Voters have approved $10 billion in bonds for what would be the nation's first high-speed rail line, and California has secured another $3.2 billion in federal matching funds. In addition, the project will receive money each year from the state's greenhouse gas emissions fund. The amount will total $500 million this year.\u003c/p>\n\u003cp>That funding leaves it far short of its $64 billion price tag, and state lawmakers and the Republican-controlled Congress have balked at providing more money.\u003c/p>\n\u003cp>Still, backers believe segments of the project can be operating within the next decade.\u003c/p>\n\u003cp>Dan Richard, chairman of the board that oversees the rail authority, expressed relief at the judge's ruling. He said \"a great myth\" has developed that the system being built is different from the one voters approved.\u003c/p>\n\u003cp>\"It's totally and completely false,\" Richard said at a board meeting Tuesday. \"What we are building is exactly what the public voted for: a fully electric, 200-plus mile-per-hour train that can operate without a subsidy that is designed to operate in two hours and 40 minutes between our great cities of Los Angeles and San Francisco.\"\u003c/p>\n\u003cp>Plaintiffs argued that plans for the bullet train have strayed far from the promises made to voters, particularly on trip times, ridership and maintenance costs.\u003c/p>\n\u003cp>Plaintiffs' attorney Stuart Flashman said his clients would be evaluating their next steps.\u003c/p>\n\u003cp>\"Though the high-speed rail authority may have won this round, the ruling ... provides ominous signs about the authority's future use of bond funds,\" Flashman said in an email.\u003c/p>\n\u003cp>Voters were told the trains would whisk travelers from San Francisco to Los Angeles in two hours and 40 minutes, and the system would operate without a government subsidy. Opponents say neither is possible under current plans.\u003c/p>\n\u003cp>It was also pitched as a stand-alone system that would not have to share tracks with slower commuter rail lines.\u003c/p>\n\u003cp>Since then, plans have changed repeatedly as state officials made political compromises, including the decision to share tracks with commuter trains in some sections.\u003c/p>\n\u003cp>Gov. Jerry Brown's administration lowered the cost estimate to $64 billion in February as part of a new proposed business plan that upended plans for the rail line.\u003c/p>\n\u003cp>The change, which still requires board approval, would send tracks from the Central Valley north to the San Francisco Bay Area instead of south as planned since 2012.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It also calls for a 250-mile segment from San Jose to north of Bakersfield to begin operating by 2025.\u003c/p>\n\n",
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"excerpt": "Ruling agrees that state agency has yet to prove system will perform as advertised, but says it would be premature to intervene. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO — A judge has removed a major hurdle to California's high-speed rail system, ruling that the $64 billion system does not violate promises made to the voters who approved it and that planning and financing can proceed.\u003c/p>\n\u003cp>The ruling announced Tuesday came in a lawsuit filed by attorneys for Kings County and a group of landowners who claim the state's projections on ridership, construction and operating figures are not reliable.\u003c/p>\n\u003cp>They asked the judge to block the state from spending money on the project.\u003c/p>\n\u003cp>However, Sacramento County Superior Court Judge Michael Kenny said the 2008 ballot initiative specified only that the state could issue bonds to construct a high-speed rail system and did not prevent modifications to the plan voters were given.\u003c/p>\n\u003cp>He agreed with the plaintiffs that the California High-Speed Rail Authority has not proved the rail system will be financially viable or can meet the travel times voters were promised, but said the system continues to evolve so it is premature for the court to intervene.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The authority may be able to accomplish these objectives at some point in the future. This project is an ongoing, dynamic, changing project,\" Kenny wrote.\u003c/p>\n\u003cp>Voters have approved $10 billion in bonds for what would be the nation's first high-speed rail line, and California has secured another $3.2 billion in federal matching funds. In addition, the project will receive money each year from the state's greenhouse gas emissions fund. The amount will total $500 million this year.\u003c/p>\n\u003cp>That funding leaves it far short of its $64 billion price tag, and state lawmakers and the Republican-controlled Congress have balked at providing more money.\u003c/p>\n\u003cp>Still, backers believe segments of the project can be operating within the next decade.\u003c/p>\n\u003cp>Dan Richard, chairman of the board that oversees the rail authority, expressed relief at the judge's ruling. He said \"a great myth\" has developed that the system being built is different from the one voters approved.\u003c/p>\n\u003cp>\"It's totally and completely false,\" Richard said at a board meeting Tuesday. \"What we are building is exactly what the public voted for: a fully electric, 200-plus mile-per-hour train that can operate without a subsidy that is designed to operate in two hours and 40 minutes between our great cities of Los Angeles and San Francisco.\"\u003c/p>\n\u003cp>Plaintiffs argued that plans for the bullet train have strayed far from the promises made to voters, particularly on trip times, ridership and maintenance costs.\u003c/p>\n\u003cp>Plaintiffs' attorney Stuart Flashman said his clients would be evaluating their next steps.\u003c/p>\n\u003cp>\"Though the high-speed rail authority may have won this round, the ruling ... provides ominous signs about the authority's future use of bond funds,\" Flashman said in an email.\u003c/p>\n\u003cp>Voters were told the trains would whisk travelers from San Francisco to Los Angeles in two hours and 40 minutes, and the system would operate without a government subsidy. Opponents say neither is possible under current plans.\u003c/p>\n\u003cp>It was also pitched as a stand-alone system that would not have to share tracks with slower commuter rail lines.\u003c/p>\n\u003cp>Since then, plans have changed repeatedly as state officials made political compromises, including the decision to share tracks with commuter trains in some sections.\u003c/p>\n\u003cp>Gov. Jerry Brown's administration lowered the cost estimate to $64 billion in February as part of a new proposed business plan that upended plans for the rail line.\u003c/p>\n\u003cp>The change, which still requires board approval, would send tracks from the Central Valley north to the San Francisco Bay Area instead of south as planned since 2012.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It also calls for a 250-mile segment from San Jose to north of Bakersfield to begin operating by 2025.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "At Center of Nieto Shooting Case, One Witness Is Pitted Against Four S.F. Cops",
"title": "At Center of Nieto Shooting Case, One Witness Is Pitted Against Four S.F. Cops",
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"content": "\u003cp>After a harrowing week in federal court, a group of Alejandro Nieto's friends and supporters climbed a San Francisco hill Friday to the place where the community college student and aspiring law enforcement officer was shot to death by police two years before.\u003c/p>\n\u003cp>Friday -- March 4 -- was Nieto's birthday. He would have turned 30.\u003c/p>\n\u003cp>Many in the group of about 20 people have been meeting there since the \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">March 21, 2014, shooting\u003c/a>, to remember Nieto and plan the political and legal fight that's finally led them to a civil rights trial that \u003ca href=\"http://ww2.kqed.org/news/2016/03/02/officers-to-testify-in-trial-over-fatal-san-francisco-police-shooting\" target=\"_blank\">started last week\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... A jury will have to decide whom to believe.'\u003ccite>Judge Nathanael Cousins\u003c/cite>\u003c/aside>\n\u003cp>The trial is providing a rare glimpse into the workings of a Police Department \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">besieged\u003c/a> by \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">scandals\u003c/a> involving \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racism\u003c/a>, calls for greater \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">transparency\u003c/a> and outrage over multiple high-profile police shootings. Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer all testified during the trial's opening week about their decisions to shoot -- and keep shooting -- at a man supporters say was casually walking down Bernal Hill to his job as a security guard.\u003c/p>\n\u003cp>A crime scene investigator, homicide detective, medical examiner and others testified about the investigations that followed, which cleared the officers of any criminal or administrative wrongdoing. The week ahead will likely see expert testimony critiquing the way police handled the shooting and its aftermath.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I feel like it's been two years of starving for information,\" Adriana Camarena said Friday evening as Nieto's parents tended a shrine for their son. Now, she said, the details coming out in court are overwhelming.\u003c/p>\n\u003cp>As the group set up a birthday cake, a lanky, bearded man with dreadlocks approached along the same path Nieto did as he walked toward a police cruiser two years ago.\u003c/p>\n\u003cp>Antonio Theodore didn't know anyone at the gathering. He didn't go to all the meetings and marches that helped make Nieto's name a hashtag and street tag synonymous \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">in San Francisco's Mission District\u003c/a> with police use of deadly force.\u003c/p>\n\u003cfigure id=\"attachment_10887237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png\" rel=\"attachment wp-att-10887237\">\u003cimg class=\"wp-image-10887237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png\" alt=\"Alejandro Nieto.\" width=\"400\" height=\"479\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png 600w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto. \u003ccite>(Courtesy of Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But what Theodore says he saw the night of the shooting, from a bluff overlooking that access road where Nieto died, is a major reason the case made it to trial. His account contradicts a crucial part of the four \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers' story\u003c/a> -- that Nieto pointed a Taser stun gun at them from almost 100 feet away.\u003c/p>\n\u003cp>The officers have all said in either testimony or depositions that they believed Nieto had a handgun and they fired an uninterrupted barrage -- as many as 59 rounds -- as he went to the ground and into a tactical shooting position, continuing to point the weapon at them.\u003c/p>\n\u003cp>Theodore swore in court and repeated in an interview Friday night that Nieto's hands never left his jacket pockets. He said the driver of the first squad car at the scene (another would arrive during the shooting) shouted simply \"stop\" before firing four shots, then a few seconds' pause as Nieto fell to the ground, followed by a hail of bullets from all the officers.\u003c/p>\n\u003cp>\u003cstrong>'Dramatically Different Versions'\u003c/strong>\u003c/p>\n\u003cp>Federal Judge Nathanael Cousins cited Theodore's pretrial testimony in a November ruling that allowed the case to go before a jury.\u003c/p>\n\u003cp>\"Here, there are two dramatically different versions of events presented by the parties,\" he wrote. \"These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... If Theodore testifies at trial as he did at his deposition, and the four officers testify consistently with their reports and deposition testimony, then a jury will have to decide whom to believe.\"\u003c/p>\n\u003cp>Officer Richard Schiff was first to testify in the case. The 25-year-old officer, who was about 10 weeks out of the academy when the shooting took place, kept calm and described in detail shouting \"show me your hands,\" as he and his training officer, then-Sgt. Jason Sawyer, got out of their patrol car with guns drawn.\u003c/p>\n\u003cp>Schiff said he started to repeat the command when Nieto mimicked it back to him, pulled up his jacket with both hands, then reached for his right hip. That was the moment Schiff decided to fire, he testified, but he didn't actually get a round off before Nieto had pulled what he thought was a gun emitting a red laser sight.\u003c/p>\n\u003cfigure id=\"attachment_10887273\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" rel=\"attachment wp-att-10887273\">\u003cimg class=\"size-full wp-image-10887273\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" alt=\"San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto.\" width=\"640\" height=\"440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440-400x275.jpg 400w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I went to fire because he drew the firearm,\" Schiff said. \"I continued to fire because I saw the laser sight.\"\u003c/p>\n\u003cp>Nieto was shot between 7:18 and 7:19 p.m., according to radio calls by Schiff and Sawyer that the defense played in court.\u003c/p>\n\u003cp>Schiff said Nieto went to the ground in a \"tactical prone\" position -- on his stomach with his hands in front of him -- after he fired his first 13 rounds, which appeared to have no effect. Sawyer testified that he thought Nieto might be wearing body armor and began aiming for the head. Both officers said they reloaded and kept firing.\u003c/p>\n\u003cp>Theodore testified he was walking his dog in the park that evening, as he still does most days. He'd arrived about 7 p.m. and noticed Nieto near the access road before he jogged up to a pathway overlooking it. He said he stopped and watched a police car drive slowly up the road.\u003c/p>\n\u003cp>Theodore said he was a little over 100 feet behind the officers and on an elevated path on their left when they stopped and raised their guns at Nieto, who was about another 100 feet up the road.\u003c/p>\n\u003cp>Theodore said he heard the taller officer on the driver's side of the squad car -- which would be Schiff -- say \"stop,\" then immediately fire four shots. He said Nieto fell to his knees after the third shot, then to his face after the fourth, never removing his hands from his front jacket pockets.\u003c/p>\n\u003cp>\"They paused for a little moment and after that they just rapidly opened fire on him while he's already on the ground,\" Theodore said Friday evening, repeating what he said in court. \"That's the part that really angered me and frustrated me.\"\u003c/p>\n\u003cp>\u003cstrong>Witness Repeatedly Impeached\u003c/strong>\u003c/p>\n\u003cp>During cross-examination, the officers' defense counsel, Deputy City Attorney Margaret Baumgartner, pressed Theodore on the timing of events following the shooting.\u003c/p>\n\u003cp>His memory was vague about when he'd spoken to a district attorney's investigator versus one hired by the plaintiffs, for example, or when he publicly announced at a concert that he'd seen the shooting.\u003c/p>\n\u003cp>\"It's been long,\" Theodore said on the stand. \"My memory's not right. I've been kind of an alcoholic since.\"\u003c/p>\n\u003cp>Theodore said in the interview Friday evening that he had trouble sleeping and eating since witnessing the incident, and it drove him to drink.\u003c/p>\n\u003cp>\"I don’t think I function pretty well,\" he said. \"I kind of like been heavily drinking most days after that. I do not eat much. ... I never wanted to have to go to the court.\"\u003c/p>\n\u003cp>But he said there's no doubt in his mind that the core of his testimony is true.\u003c/p>\n\u003cp>\"I’m 100 percent clear on what I saw,\" he said, \"and I would say it over and over.\"\u003c/p>\n\u003cp>\u003cstrong>Questions About a Bone Fragment\u003c/strong>\u003c/p>\n\u003cp>The jury could interpret some physical evidence and other testimony as backing Theodore's version of events.\u003c/p>\n\u003cp>Schiff and Sawyer have testified that their shooting was continuous, and when Schiff ran empty, he shouted a code word, \"red,\" to Sawyer, who responded \"covering.\" The defense played a recording of police dispatch audio in court that captured Sawyer's response.\u003c/p>\n\u003cp>But other witnesses who heard, but didn't see the shooting have testified that they heard the four shot burst, a pause, and then a sustained volley. There's also audio recorded from a nearby surveillance camera that appears to back this account, according to local news website \u003ca href=\"http://www.48hills.org/2014/04/25/listen-gunshots-killed-alex-nieto-sound-file/\" target=\"_blank\">48 Hills\u003c/a>.\u003c/p>\n\u003cp>And there's the matter of a small bone fragment the medical examiner found in Nieto's left pocket. He was shot through the left wrist, and plaintiffs' attorneys argue it suggests Nieto's hands were in his pockets when he was shot.\u003c/p>\n\u003cp>[contextly_sidebar id=\"aJfJUEwIaycNuajnIfKcY7gw3mjGrZTC\"]\u003c/p>\n\u003cp>\"You didn't put that bone in his pocket, did you?\" plaintiff's attorney Adante Pointer asked city medical examiner Amy Hart after he revealed the bone fragment's existence to the jury.\u003c/p>\n\u003cp>\"No,\" she said, adding that she didn't try to determine where it came from, but that it could be a piece of Nieto's left wrist or hand. There was a matching tear on Nieto's jacket sleeve, she said, but no bullet holes in his clothing, and no gunshot wounds to his abdomen.\u003c/p>\n\u003cp>There's also a gunshot wound to Nieto's right lower leg that fractured both bones, Hart testified, and bruising on his left leg. She said his right leg couldn't have supported his weight after the shot, and it was possible that Nieto fell to his left knee after it struck him.\u003c/p>\n\u003cp>Officers Morse and Chew got to the scene after Schiff and Sawyer started firing. Morse is scheduled to continue testifying Monday. He said Friday that he never saw the red laser sight the other officers said drove them to keep firing, but added he still believed Nieto was shooting a firearm.\u003c/p>\n\u003cp>Pointer has argued that photos of Nieto's Taser on the scene appear to show it with its safety engaged, meaning it was off and and no power was flowing to the laser sight.\u003c/p>\n\u003cp>The officers' attorneys have not addressed the Taser's on-off switch yet, but the jury will likely hear a lot more about it on Monday, when the defense is scheduled to call an expert from Taser International.\u003c/p>\n\u003cp>\u003cstrong>What the Jury Won't Hear\u003c/strong>\u003c/p>\n\u003cp>The jury won't hear from a psychiatric expert the defense hoped would introduce Nieto's medical history and whether it was likely that a man with a history of depression and a potential diagnosis of schizophrenia (which Nieto disputed when he was still alive, according to journal entries excluded from the case) was attempting to commit \"suicide by cop\" that night on Bernal Hill.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>That's all information the officers couldn't have known at the time they decided to use deadly force, Cousins ruled, and so is immaterial to the jury's decision on whether that force was reasonable or excessive.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a harrowing week in federal court, a group of Alejandro Nieto's friends and supporters climbed a San Francisco hill Friday to the place where the community college student and aspiring law enforcement officer was shot to death by police two years before.\u003c/p>\n\u003cp>Friday -- March 4 -- was Nieto's birthday. He would have turned 30.\u003c/p>\n\u003cp>Many in the group of about 20 people have been meeting there since the \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">March 21, 2014, shooting\u003c/a>, to remember Nieto and plan the political and legal fight that's finally led them to a civil rights trial that \u003ca href=\"http://ww2.kqed.org/news/2016/03/02/officers-to-testify-in-trial-over-fatal-san-francisco-police-shooting\" target=\"_blank\">started last week\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... A jury will have to decide whom to believe.'\u003ccite>Judge Nathanael Cousins\u003c/cite>\u003c/aside>\n\u003cp>The trial is providing a rare glimpse into the workings of a Police Department \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">besieged\u003c/a> by \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">scandals\u003c/a> involving \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racism\u003c/a>, calls for greater \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">transparency\u003c/a> and outrage over multiple high-profile police shootings. Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer all testified during the trial's opening week about their decisions to shoot -- and keep shooting -- at a man supporters say was casually walking down Bernal Hill to his job as a security guard.\u003c/p>\n\u003cp>A crime scene investigator, homicide detective, medical examiner and others testified about the investigations that followed, which cleared the officers of any criminal or administrative wrongdoing. The week ahead will likely see expert testimony critiquing the way police handled the shooting and its aftermath.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I feel like it's been two years of starving for information,\" Adriana Camarena said Friday evening as Nieto's parents tended a shrine for their son. Now, she said, the details coming out in court are overwhelming.\u003c/p>\n\u003cp>As the group set up a birthday cake, a lanky, bearded man with dreadlocks approached along the same path Nieto did as he walked toward a police cruiser two years ago.\u003c/p>\n\u003cp>Antonio Theodore didn't know anyone at the gathering. He didn't go to all the meetings and marches that helped make Nieto's name a hashtag and street tag synonymous \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">in San Francisco's Mission District\u003c/a> with police use of deadly force.\u003c/p>\n\u003cfigure id=\"attachment_10887237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png\" rel=\"attachment wp-att-10887237\">\u003cimg class=\"wp-image-10887237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png\" alt=\"Alejandro Nieto.\" width=\"400\" height=\"479\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png 600w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto. \u003ccite>(Courtesy of Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But what Theodore says he saw the night of the shooting, from a bluff overlooking that access road where Nieto died, is a major reason the case made it to trial. His account contradicts a crucial part of the four \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers' story\u003c/a> -- that Nieto pointed a Taser stun gun at them from almost 100 feet away.\u003c/p>\n\u003cp>The officers have all said in either testimony or depositions that they believed Nieto had a handgun and they fired an uninterrupted barrage -- as many as 59 rounds -- as he went to the ground and into a tactical shooting position, continuing to point the weapon at them.\u003c/p>\n\u003cp>Theodore swore in court and repeated in an interview Friday night that Nieto's hands never left his jacket pockets. He said the driver of the first squad car at the scene (another would arrive during the shooting) shouted simply \"stop\" before firing four shots, then a few seconds' pause as Nieto fell to the ground, followed by a hail of bullets from all the officers.\u003c/p>\n\u003cp>\u003cstrong>'Dramatically Different Versions'\u003c/strong>\u003c/p>\n\u003cp>Federal Judge Nathanael Cousins cited Theodore's pretrial testimony in a November ruling that allowed the case to go before a jury.\u003c/p>\n\u003cp>\"Here, there are two dramatically different versions of events presented by the parties,\" he wrote. \"These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... If Theodore testifies at trial as he did at his deposition, and the four officers testify consistently with their reports and deposition testimony, then a jury will have to decide whom to believe.\"\u003c/p>\n\u003cp>Officer Richard Schiff was first to testify in the case. The 25-year-old officer, who was about 10 weeks out of the academy when the shooting took place, kept calm and described in detail shouting \"show me your hands,\" as he and his training officer, then-Sgt. Jason Sawyer, got out of their patrol car with guns drawn.\u003c/p>\n\u003cp>Schiff said he started to repeat the command when Nieto mimicked it back to him, pulled up his jacket with both hands, then reached for his right hip. That was the moment Schiff decided to fire, he testified, but he didn't actually get a round off before Nieto had pulled what he thought was a gun emitting a red laser sight.\u003c/p>\n\u003cfigure id=\"attachment_10887273\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" rel=\"attachment wp-att-10887273\">\u003cimg class=\"size-full wp-image-10887273\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" alt=\"San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto.\" width=\"640\" height=\"440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440-400x275.jpg 400w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I went to fire because he drew the firearm,\" Schiff said. \"I continued to fire because I saw the laser sight.\"\u003c/p>\n\u003cp>Nieto was shot between 7:18 and 7:19 p.m., according to radio calls by Schiff and Sawyer that the defense played in court.\u003c/p>\n\u003cp>Schiff said Nieto went to the ground in a \"tactical prone\" position -- on his stomach with his hands in front of him -- after he fired his first 13 rounds, which appeared to have no effect. Sawyer testified that he thought Nieto might be wearing body armor and began aiming for the head. Both officers said they reloaded and kept firing.\u003c/p>\n\u003cp>Theodore testified he was walking his dog in the park that evening, as he still does most days. He'd arrived about 7 p.m. and noticed Nieto near the access road before he jogged up to a pathway overlooking it. He said he stopped and watched a police car drive slowly up the road.\u003c/p>\n\u003cp>Theodore said he was a little over 100 feet behind the officers and on an elevated path on their left when they stopped and raised their guns at Nieto, who was about another 100 feet up the road.\u003c/p>\n\u003cp>Theodore said he heard the taller officer on the driver's side of the squad car -- which would be Schiff -- say \"stop,\" then immediately fire four shots. He said Nieto fell to his knees after the third shot, then to his face after the fourth, never removing his hands from his front jacket pockets.\u003c/p>\n\u003cp>\"They paused for a little moment and after that they just rapidly opened fire on him while he's already on the ground,\" Theodore said Friday evening, repeating what he said in court. \"That's the part that really angered me and frustrated me.\"\u003c/p>\n\u003cp>\u003cstrong>Witness Repeatedly Impeached\u003c/strong>\u003c/p>\n\u003cp>During cross-examination, the officers' defense counsel, Deputy City Attorney Margaret Baumgartner, pressed Theodore on the timing of events following the shooting.\u003c/p>\n\u003cp>His memory was vague about when he'd spoken to a district attorney's investigator versus one hired by the plaintiffs, for example, or when he publicly announced at a concert that he'd seen the shooting.\u003c/p>\n\u003cp>\"It's been long,\" Theodore said on the stand. \"My memory's not right. I've been kind of an alcoholic since.\"\u003c/p>\n\u003cp>Theodore said in the interview Friday evening that he had trouble sleeping and eating since witnessing the incident, and it drove him to drink.\u003c/p>\n\u003cp>\"I don’t think I function pretty well,\" he said. \"I kind of like been heavily drinking most days after that. I do not eat much. ... I never wanted to have to go to the court.\"\u003c/p>\n\u003cp>But he said there's no doubt in his mind that the core of his testimony is true.\u003c/p>\n\u003cp>\"I’m 100 percent clear on what I saw,\" he said, \"and I would say it over and over.\"\u003c/p>\n\u003cp>\u003cstrong>Questions About a Bone Fragment\u003c/strong>\u003c/p>\n\u003cp>The jury could interpret some physical evidence and other testimony as backing Theodore's version of events.\u003c/p>\n\u003cp>Schiff and Sawyer have testified that their shooting was continuous, and when Schiff ran empty, he shouted a code word, \"red,\" to Sawyer, who responded \"covering.\" The defense played a recording of police dispatch audio in court that captured Sawyer's response.\u003c/p>\n\u003cp>But other witnesses who heard, but didn't see the shooting have testified that they heard the four shot burst, a pause, and then a sustained volley. There's also audio recorded from a nearby surveillance camera that appears to back this account, according to local news website \u003ca href=\"http://www.48hills.org/2014/04/25/listen-gunshots-killed-alex-nieto-sound-file/\" target=\"_blank\">48 Hills\u003c/a>.\u003c/p>\n\u003cp>And there's the matter of a small bone fragment the medical examiner found in Nieto's left pocket. He was shot through the left wrist, and plaintiffs' attorneys argue it suggests Nieto's hands were in his pockets when he was shot.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"You didn't put that bone in his pocket, did you?\" plaintiff's attorney Adante Pointer asked city medical examiner Amy Hart after he revealed the bone fragment's existence to the jury.\u003c/p>\n\u003cp>\"No,\" she said, adding that she didn't try to determine where it came from, but that it could be a piece of Nieto's left wrist or hand. There was a matching tear on Nieto's jacket sleeve, she said, but no bullet holes in his clothing, and no gunshot wounds to his abdomen.\u003c/p>\n\u003cp>There's also a gunshot wound to Nieto's right lower leg that fractured both bones, Hart testified, and bruising on his left leg. She said his right leg couldn't have supported his weight after the shot, and it was possible that Nieto fell to his left knee after it struck him.\u003c/p>\n\u003cp>Officers Morse and Chew got to the scene after Schiff and Sawyer started firing. Morse is scheduled to continue testifying Monday. He said Friday that he never saw the red laser sight the other officers said drove them to keep firing, but added he still believed Nieto was shooting a firearm.\u003c/p>\n\u003cp>Pointer has argued that photos of Nieto's Taser on the scene appear to show it with its safety engaged, meaning it was off and and no power was flowing to the laser sight.\u003c/p>\n\u003cp>The officers' attorneys have not addressed the Taser's on-off switch yet, but the jury will likely hear a lot more about it on Monday, when the defense is scheduled to call an expert from Taser International.\u003c/p>\n\u003cp>\u003cstrong>What the Jury Won't Hear\u003c/strong>\u003c/p>\n\u003cp>The jury won't hear from a psychiatric expert the defense hoped would introduce Nieto's medical history and whether it was likely that a man with a history of depression and a potential diagnosis of schizophrenia (which Nieto disputed when he was still alive, according to journal entries excluded from the case) was attempting to commit \"suicide by cop\" that night on Bernal Hill.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That's all information the officers couldn't have known at the time they decided to use deadly force, Cousins ruled, and so is immaterial to the jury's decision on whether that force was reasonable or excessive.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "L.A. Police Confirm Testing Knife That May Be Linked to O.J. Simpson Murder Case",
"title": "L.A. Police Confirm Testing Knife That May Be Linked to O.J. Simpson Murder Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Los Angeles police say they're testing a knife that was reportedly found at the estate of O.J. Simpson years after his 1995 acquittal for the stabbing deaths of his former wife and another man.\u003c/p>\n\u003cp>According to \u003ca href=\"http://www.tmz.com/2016/03/04/oj-simpson-knife-found-murders-nicole-brown/\" target=\"_blank\">TMZ\u003c/a>, the \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\">Los Angeles Times\u003c/a> and other outlets citing police sources, the knife was discovered in 1998 by a worker involved in \u003ca href=\"http://articles.chicagotribune.com/1998-07-30/news/9807300184_1_nicole-simpson-and-goldman-bundy-drive-condominium-ronald-goldman\" target=\"_blank\">the demolition of Simpson's home\u003c/a>. The worker reportedly turned the knife over to a police officer who was working off-duty providing security at a nearby movie location.\u003c/p>\n\u003cp>But LAPD Capt. Andrew Neiman said in a Friday morning press conference that it wasn't until the last month or so that the Police Department learned of the knife's discovery and obtained it from the officer, who is now retired.\u003c/p>\n\u003cp>Neiman confirmed that the knife is being tested for DNA. But he also said investigators are checking into the story behind the knife's reported recovery.\u003c/p>\n\u003cp>\"We're not sure if the whole story is bogus from the get-go,\" Neiman told reporters.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Neiman did not identify the officer who is said to have received the knife, and he said the identity of the worker who recovered it is unknown.\u003c/p>\n\u003cp>Nicole Brown Simpson and a friend, Ron Goldman, were found stabbed to death outside her home in L.A.'s Brentwood neighborhood early the morning of June 12, 1994.\u003c/p>\n\u003cp>O.J. Simpson, a native of San Francisco's Potrero Heights, a superstar NFL running back, actor and TV pitchman, was charged with the murders and acquitted in 1995. Under the Constitution's prohibition of double jeopardy, Simpson can't be tried again for the killings.\u003c/p>\n\u003cp>The grisly nature of the murders, the celebrity and bizarre initial behavior of the suspect and the racial overtones of the murder trial combined to make the case a spectacle that more than 20 years later still commands wide public attention. The case is the subject of a new FX Network series, \"\u003ca href=\"http://www.fxnetworks.com/shows/the-people-v-oj-simpson-american-crime-story/episodes\" target=\"_blank\">The People v. O.J. Simpson.\u003c/a>\"\u003c/p>\n\u003cp>After his acquittal, Simpson was found liable in a wrongful death lawsuit brought by the families of his two alleged victims. The judgment in the case, $33.5 million, along with his legal fees and the end of his acting and advertising career, led to his loss of the Brentwood estate.\u003c/p>\n\u003cp>Simpson is now serving \u003ca href=\"http://www.reviewjournal.com/news/nevada/nevada-supreme-court-rejects-oj-simpsons-appeal\" target=\"_blank\">a nine- to 33-year prison sentence\u003c/a> in Nevada for a 2008 conviction on kidnapping and robbery charges.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\" target=\"_blank\">Los Angeles Times reports\u003c/a> this reaction to Friday's knife disclosure from one of the lawyers who defended Simpson:\u003c/p>\n\u003cblockquote>\u003cp>Attorney Carl Douglas -- a member of O.J. Simpson's legal \"dream team\" that secured his 1995 acquittal in the deaths of his ex-wife, Nicole Brown Simpson, and her friend Ron Goldman -- on Friday called the story \"ridiculous.\"\u003c/p>\n\u003cp>\"It's amazing how the world cannot move on from this case!\" Douglas said. \"And it, and the media, is apparently still fascinated by everything O.J. Simpson.\"\u003c/p>\n\u003cp>Douglas said he remembers that \"there were indications that two different knives may have been used. One with a straight edge, and one with a serrated edge.\" But he cautions that people sometimes will do anything for 15 minutes of fame.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>And the Times also provides \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\" target=\"_blank\">some background\u003c/a> on the search for the murder weapon in the Simpson-Goldman murders:\u003c/p>\n\u003cblockquote>\u003cp>Authorities searched for the murder weapon for months after the slayings, and there have been many leads that went cold.\u003c/p>\n\u003cp>A 15-inch knife with a retractable blade that Simpson purchased at Ross Cutlery in downtown Los Angeles briefly tantalized prosecutors in his criminal trial. They thought it might be the murder weapon, and even asked a coroner to compare that type of blade with the slicing and stabbing wounds of the victims. The fact that no one could locate the knife only added to the intrigue.\u003c/p>\n\u003cp>But the defense produced the knife -- in an envelope that became known as the \"mystery envelope\" in the preliminary hearing. Forensic tests later revealed that the knife was in pristine condition, with no scratches or bloodstains to suggest it had been used in the vicious double homicide.\u003c/p>\n\u003cp>Prosecutors in Simpson's criminal trial never introduced it as evidence.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Los Angeles police say they're testing a knife that was reportedly found at the estate of O.J. Simpson years after his 1995 acquittal for the stabbing deaths of his former wife and another man.\u003c/p>\n\u003cp>According to \u003ca href=\"http://www.tmz.com/2016/03/04/oj-simpson-knife-found-murders-nicole-brown/\" target=\"_blank\">TMZ\u003c/a>, the \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\">Los Angeles Times\u003c/a> and other outlets citing police sources, the knife was discovered in 1998 by a worker involved in \u003ca href=\"http://articles.chicagotribune.com/1998-07-30/news/9807300184_1_nicole-simpson-and-goldman-bundy-drive-condominium-ronald-goldman\" target=\"_blank\">the demolition of Simpson's home\u003c/a>. The worker reportedly turned the knife over to a police officer who was working off-duty providing security at a nearby movie location.\u003c/p>\n\u003cp>But LAPD Capt. Andrew Neiman said in a Friday morning press conference that it wasn't until the last month or so that the Police Department learned of the knife's discovery and obtained it from the officer, who is now retired.\u003c/p>\n\u003cp>Neiman confirmed that the knife is being tested for DNA. But he also said investigators are checking into the story behind the knife's reported recovery.\u003c/p>\n\u003cp>\"We're not sure if the whole story is bogus from the get-go,\" Neiman told reporters.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Neiman did not identify the officer who is said to have received the knife, and he said the identity of the worker who recovered it is unknown.\u003c/p>\n\u003cp>Nicole Brown Simpson and a friend, Ron Goldman, were found stabbed to death outside her home in L.A.'s Brentwood neighborhood early the morning of June 12, 1994.\u003c/p>\n\u003cp>O.J. Simpson, a native of San Francisco's Potrero Heights, a superstar NFL running back, actor and TV pitchman, was charged with the murders and acquitted in 1995. Under the Constitution's prohibition of double jeopardy, Simpson can't be tried again for the killings.\u003c/p>\n\u003cp>The grisly nature of the murders, the celebrity and bizarre initial behavior of the suspect and the racial overtones of the murder trial combined to make the case a spectacle that more than 20 years later still commands wide public attention. The case is the subject of a new FX Network series, \"\u003ca href=\"http://www.fxnetworks.com/shows/the-people-v-oj-simpson-american-crime-story/episodes\" target=\"_blank\">The People v. O.J. Simpson.\u003c/a>\"\u003c/p>\n\u003cp>After his acquittal, Simpson was found liable in a wrongful death lawsuit brought by the families of his two alleged victims. The judgment in the case, $33.5 million, along with his legal fees and the end of his acting and advertising career, led to his loss of the Brentwood estate.\u003c/p>\n\u003cp>Simpson is now serving \u003ca href=\"http://www.reviewjournal.com/news/nevada/nevada-supreme-court-rejects-oj-simpsons-appeal\" target=\"_blank\">a nine- to 33-year prison sentence\u003c/a> in Nevada for a 2008 conviction on kidnapping and robbery charges.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\" target=\"_blank\">Los Angeles Times reports\u003c/a> this reaction to Friday's knife disclosure from one of the lawyers who defended Simpson:\u003c/p>\n\u003cblockquote>\u003cp>Attorney Carl Douglas -- a member of O.J. Simpson's legal \"dream team\" that secured his 1995 acquittal in the deaths of his ex-wife, Nicole Brown Simpson, and her friend Ron Goldman -- on Friday called the story \"ridiculous.\"\u003c/p>\n\u003cp>\"It's amazing how the world cannot move on from this case!\" Douglas said. \"And it, and the media, is apparently still fascinated by everything O.J. Simpson.\"\u003c/p>\n\u003cp>Douglas said he remembers that \"there were indications that two different knives may have been used. One with a straight edge, and one with a serrated edge.\" But he cautions that people sometimes will do anything for 15 minutes of fame.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>And the Times also provides \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-knife-found-on-o-j-simpson-property-being-tested-by-lapd-20160304-story.html\" target=\"_blank\">some background\u003c/a> on the search for the murder weapon in the Simpson-Goldman murders:\u003c/p>\n\u003cblockquote>\u003cp>Authorities searched for the murder weapon for months after the slayings, and there have been many leads that went cold.\u003c/p>\n\u003cp>A 15-inch knife with a retractable blade that Simpson purchased at Ross Cutlery in downtown Los Angeles briefly tantalized prosecutors in his criminal trial. They thought it might be the murder weapon, and even asked a coroner to compare that type of blade with the slicing and stabbing wounds of the victims. The fact that no one could locate the knife only added to the intrigue.\u003c/p>\n\u003cp>But the defense produced the knife -- in an envelope that became known as the \"mystery envelope\" in the preliminary hearing. Forensic tests later revealed that the knife was in pristine condition, with no scratches or bloodstains to suggest it had been used in the vicious double homicide.\u003c/p>\n\u003cp>Prosecutors in Simpson's criminal trial never introduced it as evidence.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jerry Brown's Parole Measure and Politics at the California Supreme Court",
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"content": "\u003cp>When Gov. Jerry Brown announced plans for a \u003ca href=\"http://www.oag.ca.gov/system/files/initiatives/pdfs/15-0121%20%28Prison%20Sentence%20Reform%29_0.pdf?\" target=\"_blank\">ballot measure\u003c/a> aimed at making it easier for nonviolent felons to win parole, he described it this way:\u003c/p>\n\u003cp>“It's an amended version of an earlier document that was filed,” Brown told reporters. “And the amendments flow from intense conversation with a host of parties, including law enforcement, district attorneys -- several police chiefs, sheriffs -- and other groups with a long-term interest in the criminal justice system.\"\u003c/p>\n\u003cp>It was a fairly innocuous statement and it went by without much notice, at least by reporters on the phone call that day. But it did \u003cem>not\u003c/em> go unnoticed by the \u003ca href=\"https://www.cdaa.org/\" target=\"_blank\">California District Attorneys Association\u003c/a>.\u003c/p>\n\u003cp>[contextly_sidebar id=\"6QrEb8yFWPXe4UlnrSAQ3he4BvUr9YwV\"]\u003c/p>\n\u003cp>“In our entire association history we have never sued the governor,” said Patrick McGrath, Yuba County district attorney and president of the California District Attorneys Association. “That's how serious we view this particular initiative.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Merced County DA Larry Morse said there was a reason the governor tried to rush his measure through without consulting district attorneys.\u003c/p>\n\u003cp>“The governor knew that prosecutors would never support a proposal that would sweep away four decades of statutory and voter-approved public safety laws,” Morse said.\u003c/p>\n\u003cp>Last month the CDAA sued in Sacramento County Superior Court to stop Attorney General Kamala Harris from signing off on the governor's amended ballot measure. The lawsuit said the changes are “not an amendment of the prior initiative draft -- it’s a completely different and new initiative.”\u003c/p>\n\u003cp>\u003ca href=\"https://ballotpedia.org/Shelleyanne_W._L._Chang\" target=\"_blank\">Judge Shelleyanne Chang\u003c/a> agreed, \u003ca href=\"http://ww2.kqed.org/news/2016/02/25/judge-blocks-gov-browns-prison-population-ballot-measure\" target=\"_blank\">saying Harris abused her discretion\u003c/a> when she accepted Brown’s changes. The ruling derailed Brown's measure, but not for long.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'There’s never been a case like this before.'\u003ccite>Election law expert James Parrinello\u003c/cite>\u003c/aside>\n\u003cp>After Chang ruled against him, Brown appealed. With the clock ticking on collecting signatures in time to make the November ballot, Brown cited the matter’s urgency in asking the California Supreme Court to stay the lower court’s ruling and allow the attorney general to issue a ballot title and summary while the high court considers the issue. That’s what the Supreme Court did.\u003c/p>\n\u003cp>At issue is \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB1253\" target=\"_blank\">SB1253\u003c/a>, a bill that amended California election law in several ways, including allowing proponents to change their ballot measures before the attorney general issues a title and summary. Brown signed it into law in 2014.\u003c/p>\n\u003cp>“You know there's no clear law on the subject,” said attorney James Parrinello, an expert in California election law.\u003c/p>\n\u003cp>“There's never been a case like this before,” Parrinello said. “And so I think it (the state Supreme Court) made some time to take a look at it carefully.”\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/250655369\" 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>In \u003ca href=\"https://www.dropbox.com/sh/mwth7urewl757ch/AAAFkSYQQQzP5GAgFnsk8jZha?dl=0\" target=\"_blank\">papers\u003c/a> filed with the Supreme Court, Brown argues that the new law was intended to allow proponents to change their ballot measure before they begin collecting signatures -- without starting back at the beginning of the process.\u003c/p>\n\u003cp>But Jessica Levinson, election law professor at Loyola University and president of the Los Angeles City Ethics Commission, isn't so sure.\u003c/p>\n\u003cp>“I think if the Supreme Court says that this is not a significant enough change to have to restart the clock, then it blows a pretty significant hole in the law and it really will allow for a number of big changes at the last minute,” Levinson said.\u003c/p>\n\u003cp>Adding a layer of political intrigue to this -- three of the seven Supreme Court justices now reviewing his ballot measure are Brown appointees. And the court's senior jurist, Chief Justice Tani Cantil-Sakauye, is lobbying Brown and the Legislature to restore money cut from court budgets over the past few years.\u003c/p>\n\u003cfigure id=\"attachment_10886083\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10886083\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeTCS-800x605.jpg\" alt=\"California Supreme Court Chief Justice Tani Cantil-Sakauye.\" width=\"800\" height=\"605\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-800x605.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-400x303.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-1180x893.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-960x727.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">California Supreme Court Chief Justice Tani Cantil-Sakauye. \u003ccite>(Paul Sakuma/Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Will any of that color the way these justices view things? Professor Levinson doesn’t think so.\u003c/p>\n\u003cp>“Look, everybody wants something from Governor Brown or everybody got something from Governor Brown,” Levinson says. “At a certain point, we have to trust judges that they're going to apply the facts of the law.”\u003c/p>\n\u003cp>But one retired California judge with decades of experience on the bench isn’t so sure.\u003c/p>\n\u003cp>“It would be disingenuous to pretend it doesn’t cross the mind of a justice or judge that there could be consequences to one’s own position or electability and to have some sense of regret or concern if it’s the governor who appointed you,” this former judge said, adding it wasn’t unheard of to receive angry phone calls from politicians who didn’t like a particular ruling.\u003c/p>\n\u003cp>Dan Newman, whose firm \u003ca href=\"http://www.scnstrategies.com/\" target=\"_blank\">SCN Strategies\u003c/a> is running the campaign for Brown’s ballot measure, dismissed the idea that politics will interfere with the justices’ decision on this matter.\u003c/p>\n\u003cp>“We trust the court to uphold the law,” Newman wrote in an email.\u003c/p>\n\u003cp>Meanwhile the governor's supporters are out collecting signatures for his ballot measure. And the Supreme Court is likely to act quickly, one way or the other.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>No matter what it does, there’s sure to be second-guessing of the court’s decision.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Gov. Jerry Brown announced plans for a \u003ca href=\"http://www.oag.ca.gov/system/files/initiatives/pdfs/15-0121%20%28Prison%20Sentence%20Reform%29_0.pdf?\" target=\"_blank\">ballot measure\u003c/a> aimed at making it easier for nonviolent felons to win parole, he described it this way:\u003c/p>\n\u003cp>“It's an amended version of an earlier document that was filed,” Brown told reporters. “And the amendments flow from intense conversation with a host of parties, including law enforcement, district attorneys -- several police chiefs, sheriffs -- and other groups with a long-term interest in the criminal justice system.\"\u003c/p>\n\u003cp>It was a fairly innocuous statement and it went by without much notice, at least by reporters on the phone call that day. But it did \u003cem>not\u003c/em> go unnoticed by the \u003ca href=\"https://www.cdaa.org/\" target=\"_blank\">California District Attorneys Association\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“In our entire association history we have never sued the governor,” said Patrick McGrath, Yuba County district attorney and president of the California District Attorneys Association. “That's how serious we view this particular initiative.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Merced County DA Larry Morse said there was a reason the governor tried to rush his measure through without consulting district attorneys.\u003c/p>\n\u003cp>“The governor knew that prosecutors would never support a proposal that would sweep away four decades of statutory and voter-approved public safety laws,” Morse said.\u003c/p>\n\u003cp>Last month the CDAA sued in Sacramento County Superior Court to stop Attorney General Kamala Harris from signing off on the governor's amended ballot measure. The lawsuit said the changes are “not an amendment of the prior initiative draft -- it’s a completely different and new initiative.”\u003c/p>\n\u003cp>\u003ca href=\"https://ballotpedia.org/Shelleyanne_W._L._Chang\" target=\"_blank\">Judge Shelleyanne Chang\u003c/a> agreed, \u003ca href=\"http://ww2.kqed.org/news/2016/02/25/judge-blocks-gov-browns-prison-population-ballot-measure\" target=\"_blank\">saying Harris abused her discretion\u003c/a> when she accepted Brown’s changes. The ruling derailed Brown's measure, but not for long.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'There’s never been a case like this before.'\u003ccite>Election law expert James Parrinello\u003c/cite>\u003c/aside>\n\u003cp>After Chang ruled against him, Brown appealed. With the clock ticking on collecting signatures in time to make the November ballot, Brown cited the matter’s urgency in asking the California Supreme Court to stay the lower court’s ruling and allow the attorney general to issue a ballot title and summary while the high court considers the issue. That’s what the Supreme Court did.\u003c/p>\n\u003cp>At issue is \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB1253\" target=\"_blank\">SB1253\u003c/a>, a bill that amended California election law in several ways, including allowing proponents to change their ballot measures before the attorney general issues a title and summary. Brown signed it into law in 2014.\u003c/p>\n\u003cp>“You know there's no clear law on the subject,” said attorney James Parrinello, an expert in California election law.\u003c/p>\n\u003cp>“There's never been a case like this before,” Parrinello said. “And so I think it (the state Supreme Court) made some time to take a look at it carefully.”\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/250655369&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/250655369'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>In \u003ca href=\"https://www.dropbox.com/sh/mwth7urewl757ch/AAAFkSYQQQzP5GAgFnsk8jZha?dl=0\" target=\"_blank\">papers\u003c/a> filed with the Supreme Court, Brown argues that the new law was intended to allow proponents to change their ballot measure before they begin collecting signatures -- without starting back at the beginning of the process.\u003c/p>\n\u003cp>But Jessica Levinson, election law professor at Loyola University and president of the Los Angeles City Ethics Commission, isn't so sure.\u003c/p>\n\u003cp>“I think if the Supreme Court says that this is not a significant enough change to have to restart the clock, then it blows a pretty significant hole in the law and it really will allow for a number of big changes at the last minute,” Levinson said.\u003c/p>\n\u003cp>Adding a layer of political intrigue to this -- three of the seven Supreme Court justices now reviewing his ballot measure are Brown appointees. And the court's senior jurist, Chief Justice Tani Cantil-Sakauye, is lobbying Brown and the Legislature to restore money cut from court budgets over the past few years.\u003c/p>\n\u003cfigure id=\"attachment_10886083\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10886083\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/JudgeTCS-800x605.jpg\" alt=\"California Supreme Court Chief Justice Tani Cantil-Sakauye.\" width=\"800\" height=\"605\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-800x605.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-400x303.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-1180x893.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/JudgeTCS-960x727.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">California Supreme Court Chief Justice Tani Cantil-Sakauye. \u003ccite>(Paul Sakuma/Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Will any of that color the way these justices view things? Professor Levinson doesn’t think so.\u003c/p>\n\u003cp>“Look, everybody wants something from Governor Brown or everybody got something from Governor Brown,” Levinson says. “At a certain point, we have to trust judges that they're going to apply the facts of the law.”\u003c/p>\n\u003cp>But one retired California judge with decades of experience on the bench isn’t so sure.\u003c/p>\n\u003cp>“It would be disingenuous to pretend it doesn’t cross the mind of a justice or judge that there could be consequences to one’s own position or electability and to have some sense of regret or concern if it’s the governor who appointed you,” this former judge said, adding it wasn’t unheard of to receive angry phone calls from politicians who didn’t like a particular ruling.\u003c/p>\n\u003cp>Dan Newman, whose firm \u003ca href=\"http://www.scnstrategies.com/\" target=\"_blank\">SCN Strategies\u003c/a> is running the campaign for Brown’s ballot measure, dismissed the idea that politics will interfere with the justices’ decision on this matter.\u003c/p>\n\u003cp>“We trust the court to uphold the law,” Newman wrote in an email.\u003c/p>\n\u003cp>Meanwhile the governor's supporters are out collecting signatures for his ballot measure. And the Supreme Court is likely to act quickly, one way or the other.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>No matter what it does, there’s sure to be second-guessing of the court’s decision.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Rookie and Veteran S.F. Police Officers Testify About Confronting, Shooting Alejandro Nieto",
"title": "Rookie and Veteran S.F. Police Officers Testify About Confronting, Shooting Alejandro Nieto",
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"content": "\u003cp>The pair of San Francisco police officers who first confronted a man they would \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">shoot to death\u003c/a> seconds later in a San Francisco park two years ago testified Wednesday that they were certain Alejandro Nieto was threatening them with a firearm, only to discover after shooting a combined 43 rounds that he was carrying a Taser stun gun.\u003c/p>\n\u003cp>Nieto's parents are suing Lt. Jason Sawyer and Officers Richard Schiff, Roger Morse and Nate Chew in federal court for excessive force causing the wrongful death of their 28-year-old son. They plan to call a civilian witness who will testify that Nieto never drew the Taser he was carrying, according to their attorney, after first calling Schiff and Sawyer to the stand.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Once I realized there was no reaction, I picked up my sights and I aimed for the head.'\u003ccite>Lt. Jason Sawyer,\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>Both officers testified that Nieto seemed not to react to their gunshots and continued to hold a gun-shaped object in front of him that was casting a red laser sight from its tip.\u003c/p>\n\u003cp>\"Usually there is an expectation that if a person is getting shot or shot at -- maybe they drop the object,\" Sawyer testified. \"If they're getting hit, they wince, scream, yell, something. There was no reaction.\"\u003c/p>\n\u003cp>He said after he emptied the first 13 rounds from his gun and went to reload, he thought maybe Nieto was wearing a bulletproof vest.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Once I realized there was no reaction, I picked up my sights and I aimed for the head,\" he said.\u003c/p>\n\u003cp>\u003cstrong>High-Priority Call: 'We're going'\u003c/strong>\u003c/p>\n\u003cp>Schiff, who is now 25, was about 10 weeks out of the police academy and was being evaluated by Sgt. Jason Sawyer on the evening of March 21, 2014. They had just finished a traffic stop and were talking it over in a gas station parking lot about a mile away when dispatch relayed a 911 call of a man with a gun in Bernal Heights Park.\u003cbr>\n[contextly_sidebar id=\"50GP7S62DmLs54YkseXthAjzhdVxKBXK\"]\u003c/p>\n\u003cp>\"I believe I told Officer Schiff, 'We're going,' \" Sawyer testified. They circled around the south side of Bernal Heights Park, but they couldn't get in, and Schiff eventually pulled around a gate to an access road on the park's northern side.\u003c/p>\n\u003cp>Schiff slowed down when they saw a man matching the description of a Latino male -- 6-foot-1, weighing about 200 pounds and wearing a red jacket -- round a corner on the steep access road and stride toward the officers' patrol car, he testified.\u003c/p>\n\u003cp>The officers' descriptions of Nieto differed slightly. Schiff said he had nothing in his hands; Sawyer said he was carrying a bag.\u003c/p>\n\u003cp>Sawyer suggested Schiff pull a little closer, and they both exited their car with their guns drawn about 30 yards from Nieto.\u003c/p>\n\u003cp>\u003cstrong>'Show me your hands'\u003c/strong>\u003c/p>\n\u003cp>Nieto stopped and took a shooting stance as they were getting out of the car, Schiff said.\u003c/p>\n\u003cp>The rookie officer testified that he shouted, \"Show me your hands!\" once and began to shout it again when Nieto mimicked the phrase back to him, and raised both arms up slightly. Then, Schiff said, Nieto reached to his hip with his right hand.\u003c/p>\n\u003cp>The officer said he made eye contact with Nieto and saw an \"aggressive, angry response\" to the order.\u003c/p>\n\u003cp>\"He understood what I said, heard what I said, was able to articulate it back to me and now presented a serious threat,\" Schiff said.\u003c/p>\n\u003cp>He told the Nietos' attorney, Adante Pointer, that he didn't recall that Nieto was wearing sunglasses and a baseball cap. The officers' lead counsel, Deputy City Attorney Margaret Baumgarten, said after the hearing that there would be further testimony on whether Nieto was wearing sunglasses, but she did not elaborate.\u003c/p>\n\u003cp>Schiff said he saw the laser sight before he was able to fire his first round. After exhausting his first magazine, he shouted \"red\" to Sawyer, a code for being out of ammunition, and Sawyer shouted back \"covering.\" As he reloaded, Schiff said Nieto went to the ground in a prone position -- on his stomach with his arms stretched out in front of him -- and he continued aiming the Taser and its red laser sight.\u003c/p>\n\u003cp>Sometime during the shooting, officers Roger Morse and Nate Chew pulled their cruiser alongside Schiff and Sawyer, but neither of the initial officers noticed they were there until the shooting stopped. Morse and Chew also fired at Nieto and are expected to testify Thursday.\u003c/p>\n\u003cp>\u003cstrong>Cease fire\u003c/strong>\u003c/p>\n\u003cp>All continued shooting until Sawyer gave an order to cease fire.\u003c/p>\n\u003cp>\"I saw his head go down,\" he testified. \"I saw the gun that was in his hand go to the side, and it appeared that his body went limp.\"\u003c/p>\n\u003cp>The officers spread across the road and approached Nieto in a loose line. Morse kicked the Taser away and Schiff searched and handcuffed Nieto. He said Nieto was making noises and moving his mouth, and he was about to start CPR when another officer relieved him so he could be separated from the other involved officers and taken from the scene.\u003c/p>\n\u003cp>Nieto was pronounced dead at the scene.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was tragic, but unfortunately I was forced,\" Schiff said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The pair of San Francisco police officers who first confronted a man they would \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">shoot to death\u003c/a> seconds later in a San Francisco park two years ago testified Wednesday that they were certain Alejandro Nieto was threatening them with a firearm, only to discover after shooting a combined 43 rounds that he was carrying a Taser stun gun.\u003c/p>\n\u003cp>Nieto's parents are suing Lt. Jason Sawyer and Officers Richard Schiff, Roger Morse and Nate Chew in federal court for excessive force causing the wrongful death of their 28-year-old son. They plan to call a civilian witness who will testify that Nieto never drew the Taser he was carrying, according to their attorney, after first calling Schiff and Sawyer to the stand.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Once I realized there was no reaction, I picked up my sights and I aimed for the head.'\u003ccite>Lt. Jason Sawyer,\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>Both officers testified that Nieto seemed not to react to their gunshots and continued to hold a gun-shaped object in front of him that was casting a red laser sight from its tip.\u003c/p>\n\u003cp>\"Usually there is an expectation that if a person is getting shot or shot at -- maybe they drop the object,\" Sawyer testified. \"If they're getting hit, they wince, scream, yell, something. There was no reaction.\"\u003c/p>\n\u003cp>He said after he emptied the first 13 rounds from his gun and went to reload, he thought maybe Nieto was wearing a bulletproof vest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Once I realized there was no reaction, I picked up my sights and I aimed for the head,\" he said.\u003c/p>\n\u003cp>\u003cstrong>High-Priority Call: 'We're going'\u003c/strong>\u003c/p>\n\u003cp>Schiff, who is now 25, was about 10 weeks out of the police academy and was being evaluated by Sgt. Jason Sawyer on the evening of March 21, 2014. They had just finished a traffic stop and were talking it over in a gas station parking lot about a mile away when dispatch relayed a 911 call of a man with a gun in Bernal Heights Park.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I believe I told Officer Schiff, 'We're going,' \" Sawyer testified. They circled around the south side of Bernal Heights Park, but they couldn't get in, and Schiff eventually pulled around a gate to an access road on the park's northern side.\u003c/p>\n\u003cp>Schiff slowed down when they saw a man matching the description of a Latino male -- 6-foot-1, weighing about 200 pounds and wearing a red jacket -- round a corner on the steep access road and stride toward the officers' patrol car, he testified.\u003c/p>\n\u003cp>The officers' descriptions of Nieto differed slightly. Schiff said he had nothing in his hands; Sawyer said he was carrying a bag.\u003c/p>\n\u003cp>Sawyer suggested Schiff pull a little closer, and they both exited their car with their guns drawn about 30 yards from Nieto.\u003c/p>\n\u003cp>\u003cstrong>'Show me your hands'\u003c/strong>\u003c/p>\n\u003cp>Nieto stopped and took a shooting stance as they were getting out of the car, Schiff said.\u003c/p>\n\u003cp>The rookie officer testified that he shouted, \"Show me your hands!\" once and began to shout it again when Nieto mimicked the phrase back to him, and raised both arms up slightly. Then, Schiff said, Nieto reached to his hip with his right hand.\u003c/p>\n\u003cp>The officer said he made eye contact with Nieto and saw an \"aggressive, angry response\" to the order.\u003c/p>\n\u003cp>\"He understood what I said, heard what I said, was able to articulate it back to me and now presented a serious threat,\" Schiff said.\u003c/p>\n\u003cp>He told the Nietos' attorney, Adante Pointer, that he didn't recall that Nieto was wearing sunglasses and a baseball cap. The officers' lead counsel, Deputy City Attorney Margaret Baumgarten, said after the hearing that there would be further testimony on whether Nieto was wearing sunglasses, but she did not elaborate.\u003c/p>\n\u003cp>Schiff said he saw the laser sight before he was able to fire his first round. After exhausting his first magazine, he shouted \"red\" to Sawyer, a code for being out of ammunition, and Sawyer shouted back \"covering.\" As he reloaded, Schiff said Nieto went to the ground in a prone position -- on his stomach with his arms stretched out in front of him -- and he continued aiming the Taser and its red laser sight.\u003c/p>\n\u003cp>Sometime during the shooting, officers Roger Morse and Nate Chew pulled their cruiser alongside Schiff and Sawyer, but neither of the initial officers noticed they were there until the shooting stopped. Morse and Chew also fired at Nieto and are expected to testify Thursday.\u003c/p>\n\u003cp>\u003cstrong>Cease fire\u003c/strong>\u003c/p>\n\u003cp>All continued shooting until Sawyer gave an order to cease fire.\u003c/p>\n\u003cp>\"I saw his head go down,\" he testified. \"I saw the gun that was in his hand go to the side, and it appeared that his body went limp.\"\u003c/p>\n\u003cp>The officers spread across the road and approached Nieto in a loose line. Morse kicked the Taser away and Schiff searched and handcuffed Nieto. He said Nieto was making noises and moving his mouth, and he was about to start CPR when another officer relieved him so he could be separated from the other involved officers and taken from the scene.\u003c/p>\n\u003cp>Nieto was pronounced dead at the scene.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was tragic, but unfortunately I was forced,\" Schiff said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "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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"reveal": {
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"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"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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"order": 16
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
"id": "snap-judgment",
"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
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