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"disqusTitle": "Judge Rules in Favor of S.F. Cops Who Sent Bigoted Texts",
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"content": "\u003cp>\u003cstrong>Update, 3:30 p.m. Monday, Dec. 21:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith ruled Monday that the Police Department waited too long to pursue disciplining a group of officers who swapped bigoted text messages and that the officers cannot be fired or otherwise punished for the alleged misconduct.\u003c/p>\n\u003cp>Goldsmith ruled in favor of nine officers challenging the city and Police Department’s attempt to mete out discipline for a variety of racist, homophobic and otherwise inappropriate messages.\u003c/p>\n\u003cp>Attorneys for the officers successfully argued that the department knew about the texts by late 2012 but didn’t investigate until early 2015 -- long overshooting a one-year state statute of limitations to bring charges of police misconduct.\u003c/p>\n\u003cp>“The court finds it’s not in the public interest to let police misconduct cases languish,” Goldsmith said from the bench, adding that there was “good reason” for that provision of the California Public Safety Officers Bill of Rights. “To promptly investigate and adjudicate police misconduct -- this is an important protection for the public.”\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/238705542\" 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>Attorneys for San Francisco argue that the time limit for a disciplinary action is paused when it overlaps or conflicts with a criminal investigation. They say that's what happened in this case, which involved a federal investigation that led to the conviction of former Sgt. Ian Furminger and two subordinates.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Goldsmith said the pause would apply only if the officers' texts had something to do with the Furminger case.\u003c/p>\n\u003cp>“The city is trying to piggyback on the Furminger investigation,” Goldsmith said, adding that there was no connection between the offensive text messages and Furminger’s crimes.\u003c/p>\n\u003cp>The city's lawyers pointed out that Police Department investigators who knew about the text messages and other evidence in the Furminger probe were sworn to secrecy by federal prosecutors, and the delay in punishing the officers was warranted to protect that investigation.\u003c/p>\n\u003cp>“Practically speaking, I think this is the death knell for San Francisco Police Department investigators to participate in federal criminal investigations,” Deputy City Attorney Kenneth Walczak told Goldsmith. He said SFPD investigators assigned to the Furminger case \"were threatened with federal criminal prosecution\" if they divulged anything about the probe to their own department.\u003c/p>\n\u003cp>Several of the officers who were facing firing have been on paid leave since Goldsmith ordered them back on the city payroll in May. Two of their attorneys said it’s unclear whether they would be allowed back to work or in what role.\u003c/p>\n\u003cp>“What can’t happen is that these texts can’t be considered against them,” said attorney Tony Brass, who represents Officer Michael Celis. He called Goldsmith’s ruling a “mixed victory.”\u003c/p>\n\u003cp>“No one is celebrating a victory for that kind of misconduct,\" Brass said. \"That’s not what this case is about. What this case is about is the Police Department has an obligation to investigate that conduct in a timely fashion.”\u003c/p>\n\u003cp>Walczak declined to say whether the city would appeal, but Police Chief Greg Suhr told KQED’s Sara Hossaini that the ruling would be challenged.\u003c/p>\n\u003cp>“These officers should not be police officers,” Suhr said. “They clearly fall below the minimum standard required, and we will appeal. ... It’s a process, but I don’t want them in this Police Department and neither do the police officers in the Police Department.”\u003c/p>\n\u003cp>\u003cstrong>Update, 4 p.m. Friday, Dec. 18:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith issued a tentative ruling Friday afternoon in favor of nine officers challenging the city’s effort to discipline them for swapping racist and otherwise offensive text messages with a convicted ex-sergeant.\u003c/p>\n\u003cp>The officers argued that the city is in violation of a statute of limitations in a state law that grants labor protections to public safety officers. The law requires police departments to complete an investigation into officer misconduct within one year of learning about any transgression.\u003c/p>\n\u003cp>The San Francisco Police Department, the court ruled, knew about the offensive text messages in December 2012, when a small circle of officers in SFPD’s Internal Affairs Division joined a federal investigation of former Sgt. Ian Furminger and two of his subordinates in the Mission District plainclothes unit.\u003c/p>\n\u003caside class=\"pullquote alignright\">'San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner.'\u003ccite>Ernest Goldsmith,\u003cbr>\nSan Francisco Superior Court judge\u003c/cite>\u003c/aside>\n\u003cp>No disciplinary charges were brought against the officers in the texting scandal until April of this year. The city argued the delay was necessary to protect the investigation against Furminger until he was convicted, which happened in December 2014, and two former federal prosecutors filed declarations to that effect.\u003c/p>\n\u003cp>The city argued that the administrative wing of Internal Affairs, which handles officer discipline, was kept in the dark about the texts until after Furminger’s conviction.\u003c/p>\n\u003cp>“San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner,” Goldsmith wrote in his tentative ruling.\u003c/p>\n\u003cp>The city argued that the time limit pauses -- or “tolls” in the statute’s language -- when the conduct at issue is part of a criminal investigation or prosecution.\u003c/p>\n\u003cp>“[T]he tolling exception provided in Government Sec. 3304(d)(1)(A) did not apply in the instant case because the Petitioners [officers], their conduct, and their text messages were not the subject of a criminal investigation,” Goldsmith wrote.\u003c/p>\n\u003cp>The judge appears likely to finally approve the officers’ petition at a hearing scheduled for Monday, which includes a call for the department to rescind all disciplinary charges against the officers, purge all documents supporting the case against them and pay each officer a civil penalty of up to $25,000, plus the cost of their lawsuits.\u003c/p>\n\u003cp>\u003cstrong>Original Post 11 a.m. Friday, Dec. 18:\u003c/strong>\u003c/p>\n\u003cp>Eight months after a \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">judge stopped\u003c/a> the San Francisco Police Department from firing \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">seven officers\u003c/a> accused of sending racist, sexist and homophobic text messages, the officers' legal challenge to their dismissal appears headed for a final decision.\u003c/p>\n\u003cp>Two additional officers facing lesser discipline have also joined the San Francisco Superior Court case scheduled for a hearing Monday. All nine are challenging the department's attempt to punish them under a one-year state statute of limitations for disciplining peace officers.\u003c/p>\n\u003cp>None of the officers are contesting charges that they exchanged \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">offensive text messages\u003c/a> with former Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges a year ago. Federal prosecutors made a sampling of the text messages public in March. The officers \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">use a variety of slurs\u003c/a> to refer to African-Americans, Latinos, women and LGBT people.\u003c/p>\n\u003cp>[contextly_sidebar id=\"KDkgYPlzt8U7uyOhiebhJYo0Iv0yyNMs\"]\u003c/p>\n\u003cp>In one exchange in May 2012, an unidentified officer responds to Furminger's complaint that a friend of his wife's brought her attorney husband, who is black, to dinner.\u003c/p>\n\u003cp>\"Get ur pocket gun,\" the officer texted Furminger. \"Keep it available in case the monkey returns to his roots. Its not against the law to put an animal down. ... U may have to kill the half breed kids too. Don't worry. Their an abomination of nature anyway.\"\u003c/p>\n\u003cp>The city has likely been paying that officer's salary while on administrative leave since May, despite the department's attempt to terminate him and several others for conduct unbecoming an officer. But the officer's exact status is unknown because any information relating to discipline in the case is sealed under a protective order.\u003c/p>\n\u003cp>Whether the officers' challenge is ultimately successful, they've been able to delay discipline for the better part of a year, thanks to attorneys provided by their union and a state law that provides sweeping protections to police officers.\u003c/p>\n\u003cp>\u003cstrong>Law's Statute of Limitations\u003c/strong>\u003c/p>\n\u003cp>The nine officers are relying on a provision of the California \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">Public Safety Officers Procedural Bill of Rights\u003c/a> that states:\u003c/p>\n\u003cblockquote>\u003cp>[N]o punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.\u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">officers argue\u003c/a> the Police Department was in possession of the offensive texts, along with volumes of other evidence in the case against Furminger, by December 2012, but failed to act until April of this year after some of the texts were made public.\u003c/p>\n\u003cp>So far, the legal challenge has \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">enjoyed some success\u003c/a> in the form of a stay issued in May by San Francisco Superior Court Judge Ernest Goldsmith. He halted disciplinary proceedings before the city's Police Commission and required that the officers involved in the case be placed on paid, rather than unpaid, leave.\u003c/p>\n\u003cp>The only officially named plaintiff in the case, Officer Rain Daugherty, made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Rain+Daugherty\" target=\"_blank\">$164,290.19\u003c/a> in total pay and benefits last year, according to state salary data curated on the website Transparent California.\u003c/p>\n\u003cp>Other unofficially identified officers facing dismissal include Capt. Jason Fox, who in 2014 made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Jason+G+Fox&y=\" target=\"_blank\">$258,699.07\u003c/a> and Sgt. Michael Wibunsin, who made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Michael+Wibunsin\" target=\"_blank\">$242,448.53\u003c/a> that year in total pay and benefits.\u003c/p>\n\u003cp>\u003cstrong>The Furminger Investigation\u003c/strong>\u003c/p>\n\u003cp>The federal investigation that led to the convictions of \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">Furminger\u003c/a> and two of his \u003ca href=\"http://ww2.kqed.org/news/2015/05/21/one-year-sentence-for-former-s-f-cop-who-testified-against-colleagues\" target=\"_blank\">subordinates\u003c/a> in the Mission District plainclothes division lasted much longer than a year.\u003c/p>\n\u003cp>The history of that investigation -- and when exactly the Police Department started its investigation of the texting scandal -- is central to the arguments of the nine officers fighting dismissal.\u003c/p>\n\u003cp>[contextly_sidebar id=\"JhFDUdwzrm7NSJ8uB3h4BxqN2V9kzUw8\"]\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi began releasing a \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-video-scandal\" target=\"_blank\">series of surveillance videos\u003c/a> from single-resident-occupancy hotels in 2010 that appeared to show plainclothes officers illegally searching rooms and -- in some cases -- removing property that they never booked into evidence.\u003c/p>\n\u003cp>By April 2011, when Greg Suhr became San Francisco's police chief, the department's investigation into the apparently illegal searches was underway, according to the chief's \u003ca href=\"https://www.scribd.com/doc/293578851/Greg-Suhr-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration\u003c/a> in the texting case, filed earlier this month. But federal law enforcement -- namely the FBI and Northern California U.S. Attorney's Office -- wanted to take over.\u003c/p>\n\u003cp>Two months later, they did, enlisting the help of a handful of criminal investigators from the Police Department's Internal Affairs Division \"to provide expertise regarding the activities and conduct of police officers generally and more specifically within the SFPD organization,\" former Assistant U.S. Attorney Drew Caputo wrote in a \u003ca href=\"https://www.scribd.com/doc/293579008/Drew-Caputo-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration to the court\u003c/a>. \"To avoid potential conflicts of interest, we set clear limits on the extent to which information related to the criminal investigation would be shared within SFPD.\"\u003c/p>\n\u003cp>In his declaration, Suhr says the department set up a \"wall\" between the Internal Affairs Division (IAD) criminal and administrative investigators as the Furminger probe continued. To preserve the integrity of the Furminger case, he added, proceedings against the officers involved in the texting scandal wound up being delayed.\u003c/p>\n\u003cp>\"When a person who is a subject of a criminal investigation is alerted to the existence of that investigation -- whether the subject is a potential witness, suspect, or target of the investigation -- the integrity of the investigation is compromised,\" Suhr wrote. \"The subject changes his or her behavior to avoid detection, and the investigators lose their ability to gather critical evidence. ... [I]t is clear to me that, had SFPD initiated any disciplinary investigation before the criminal investigation concluded, the federal prosecutors might well have lost the ability to make their criminal case against Furminger.\"\u003c/p>\n\u003cp>\u003cstrong>'Choices Have Consequences'\u003c/strong>\u003c/p>\n\u003cp>Lawyers for the nine officers have zeroed in on the delay in the disciplinary case as a violation to the one-year deadline for taking action against their clients. They argue that the clock on the disciplinary case should have started in December 2012, by which time the FBI and U.S. Attorney's Office had shared secret evidence in the Furminger case -- including the offensive texts -- with the IAD's criminal investigators. The city argues the clock started just last December, after Furminger was convicted and the text messages were disclosed to the rest of the Internal Affairs Division.\u003c/p>\n\u003cp>Officer Daugherty's attorney, Alison Berry Wilkinson, said in an interview Thursday that by agreeing to keep the evidence secret, the department chose to place the criminal investigation ahead of any potential officer discipline and thus \"jettisoned their responsibility under the Police Officers Bill of Rights.\"\u003c/p>\n\u003cp>\"Choices have consequences,\" she said. \"They made the choice to agree to that, and the consequence is that they knew that information but didn't act in a timely manner on it.\"\u003c/p>\n\u003cp>But San Francisco Deputy City Attorney Kenneth Walczak says that both federal and local law enforcement did everything \"by the book.\"\u003c/p>\n\u003cp>He said in an interview the officers are trying to \"paint a picture of a plot by the Police Department to sit on evidence and delay disciplining them.\"\u003c/p>\n\u003cp>Walczak said the officers' arguments are not only unrealistic but also clearly exempted in the Public Safety Officers Bill of Rights, which allows for the \"tolling,\" or pause, to the statute of limitations while a related criminal investigation and prosecution are ongoing.\u003c/p>\n\u003cp>\"That state law provides a panoply of rights to peace officers who are accused of wrongdoing by their employer,\" he said -- but argued the protections don't apply in the texting case.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"The investigation here was two things that exempt it from the ambit of the peace officers bill of rights,\" Walczak said. \"It was both criminal and federal.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 3:30 p.m. Monday, Dec. 21:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith ruled Monday that the Police Department waited too long to pursue disciplining a group of officers who swapped bigoted text messages and that the officers cannot be fired or otherwise punished for the alleged misconduct.\u003c/p>\n\u003cp>Goldsmith ruled in favor of nine officers challenging the city and Police Department’s attempt to mete out discipline for a variety of racist, homophobic and otherwise inappropriate messages.\u003c/p>\n\u003cp>Attorneys for the officers successfully argued that the department knew about the texts by late 2012 but didn’t investigate until early 2015 -- long overshooting a one-year state statute of limitations to bring charges of police misconduct.\u003c/p>\n\u003cp>“The court finds it’s not in the public interest to let police misconduct cases languish,” Goldsmith said from the bench, adding that there was “good reason” for that provision of the California Public Safety Officers Bill of Rights. “To promptly investigate and adjudicate police misconduct -- this is an important protection for the public.”\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/238705542&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/238705542'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Attorneys for San Francisco argue that the time limit for a disciplinary action is paused when it overlaps or conflicts with a criminal investigation. They say that's what happened in this case, which involved a federal investigation that led to the conviction of former Sgt. Ian Furminger and two subordinates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Goldsmith said the pause would apply only if the officers' texts had something to do with the Furminger case.\u003c/p>\n\u003cp>“The city is trying to piggyback on the Furminger investigation,” Goldsmith said, adding that there was no connection between the offensive text messages and Furminger’s crimes.\u003c/p>\n\u003cp>The city's lawyers pointed out that Police Department investigators who knew about the text messages and other evidence in the Furminger probe were sworn to secrecy by federal prosecutors, and the delay in punishing the officers was warranted to protect that investigation.\u003c/p>\n\u003cp>“Practically speaking, I think this is the death knell for San Francisco Police Department investigators to participate in federal criminal investigations,” Deputy City Attorney Kenneth Walczak told Goldsmith. He said SFPD investigators assigned to the Furminger case \"were threatened with federal criminal prosecution\" if they divulged anything about the probe to their own department.\u003c/p>\n\u003cp>Several of the officers who were facing firing have been on paid leave since Goldsmith ordered them back on the city payroll in May. Two of their attorneys said it’s unclear whether they would be allowed back to work or in what role.\u003c/p>\n\u003cp>“What can’t happen is that these texts can’t be considered against them,” said attorney Tony Brass, who represents Officer Michael Celis. He called Goldsmith’s ruling a “mixed victory.”\u003c/p>\n\u003cp>“No one is celebrating a victory for that kind of misconduct,\" Brass said. \"That’s not what this case is about. What this case is about is the Police Department has an obligation to investigate that conduct in a timely fashion.”\u003c/p>\n\u003cp>Walczak declined to say whether the city would appeal, but Police Chief Greg Suhr told KQED’s Sara Hossaini that the ruling would be challenged.\u003c/p>\n\u003cp>“These officers should not be police officers,” Suhr said. “They clearly fall below the minimum standard required, and we will appeal. ... It’s a process, but I don’t want them in this Police Department and neither do the police officers in the Police Department.”\u003c/p>\n\u003cp>\u003cstrong>Update, 4 p.m. Friday, Dec. 18:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith issued a tentative ruling Friday afternoon in favor of nine officers challenging the city’s effort to discipline them for swapping racist and otherwise offensive text messages with a convicted ex-sergeant.\u003c/p>\n\u003cp>The officers argued that the city is in violation of a statute of limitations in a state law that grants labor protections to public safety officers. The law requires police departments to complete an investigation into officer misconduct within one year of learning about any transgression.\u003c/p>\n\u003cp>The San Francisco Police Department, the court ruled, knew about the offensive text messages in December 2012, when a small circle of officers in SFPD’s Internal Affairs Division joined a federal investigation of former Sgt. Ian Furminger and two of his subordinates in the Mission District plainclothes unit.\u003c/p>\n\u003caside class=\"pullquote alignright\">'San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner.'\u003ccite>Ernest Goldsmith,\u003cbr>\nSan Francisco Superior Court judge\u003c/cite>\u003c/aside>\n\u003cp>No disciplinary charges were brought against the officers in the texting scandal until April of this year. The city argued the delay was necessary to protect the investigation against Furminger until he was convicted, which happened in December 2014, and two former federal prosecutors filed declarations to that effect.\u003c/p>\n\u003cp>The city argued that the administrative wing of Internal Affairs, which handles officer discipline, was kept in the dark about the texts until after Furminger’s conviction.\u003c/p>\n\u003cp>“San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner,” Goldsmith wrote in his tentative ruling.\u003c/p>\n\u003cp>The city argued that the time limit pauses -- or “tolls” in the statute’s language -- when the conduct at issue is part of a criminal investigation or prosecution.\u003c/p>\n\u003cp>“[T]he tolling exception provided in Government Sec. 3304(d)(1)(A) did not apply in the instant case because the Petitioners [officers], their conduct, and their text messages were not the subject of a criminal investigation,” Goldsmith wrote.\u003c/p>\n\u003cp>The judge appears likely to finally approve the officers’ petition at a hearing scheduled for Monday, which includes a call for the department to rescind all disciplinary charges against the officers, purge all documents supporting the case against them and pay each officer a civil penalty of up to $25,000, plus the cost of their lawsuits.\u003c/p>\n\u003cp>\u003cstrong>Original Post 11 a.m. Friday, Dec. 18:\u003c/strong>\u003c/p>\n\u003cp>Eight months after a \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">judge stopped\u003c/a> the San Francisco Police Department from firing \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">seven officers\u003c/a> accused of sending racist, sexist and homophobic text messages, the officers' legal challenge to their dismissal appears headed for a final decision.\u003c/p>\n\u003cp>Two additional officers facing lesser discipline have also joined the San Francisco Superior Court case scheduled for a hearing Monday. All nine are challenging the department's attempt to punish them under a one-year state statute of limitations for disciplining peace officers.\u003c/p>\n\u003cp>None of the officers are contesting charges that they exchanged \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">offensive text messages\u003c/a> with former Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges a year ago. Federal prosecutors made a sampling of the text messages public in March. The officers \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">use a variety of slurs\u003c/a> to refer to African-Americans, Latinos, women and LGBT people.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>In one exchange in May 2012, an unidentified officer responds to Furminger's complaint that a friend of his wife's brought her attorney husband, who is black, to dinner.\u003c/p>\n\u003cp>\"Get ur pocket gun,\" the officer texted Furminger. \"Keep it available in case the monkey returns to his roots. Its not against the law to put an animal down. ... U may have to kill the half breed kids too. Don't worry. Their an abomination of nature anyway.\"\u003c/p>\n\u003cp>The city has likely been paying that officer's salary while on administrative leave since May, despite the department's attempt to terminate him and several others for conduct unbecoming an officer. But the officer's exact status is unknown because any information relating to discipline in the case is sealed under a protective order.\u003c/p>\n\u003cp>Whether the officers' challenge is ultimately successful, they've been able to delay discipline for the better part of a year, thanks to attorneys provided by their union and a state law that provides sweeping protections to police officers.\u003c/p>\n\u003cp>\u003cstrong>Law's Statute of Limitations\u003c/strong>\u003c/p>\n\u003cp>The nine officers are relying on a provision of the California \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">Public Safety Officers Procedural Bill of Rights\u003c/a> that states:\u003c/p>\n\u003cblockquote>\u003cp>[N]o punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.\u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">officers argue\u003c/a> the Police Department was in possession of the offensive texts, along with volumes of other evidence in the case against Furminger, by December 2012, but failed to act until April of this year after some of the texts were made public.\u003c/p>\n\u003cp>So far, the legal challenge has \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">enjoyed some success\u003c/a> in the form of a stay issued in May by San Francisco Superior Court Judge Ernest Goldsmith. He halted disciplinary proceedings before the city's Police Commission and required that the officers involved in the case be placed on paid, rather than unpaid, leave.\u003c/p>\n\u003cp>The only officially named plaintiff in the case, Officer Rain Daugherty, made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Rain+Daugherty\" target=\"_blank\">$164,290.19\u003c/a> in total pay and benefits last year, according to state salary data curated on the website Transparent California.\u003c/p>\n\u003cp>Other unofficially identified officers facing dismissal include Capt. Jason Fox, who in 2014 made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Jason+G+Fox&y=\" target=\"_blank\">$258,699.07\u003c/a> and Sgt. Michael Wibunsin, who made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Michael+Wibunsin\" target=\"_blank\">$242,448.53\u003c/a> that year in total pay and benefits.\u003c/p>\n\u003cp>\u003cstrong>The Furminger Investigation\u003c/strong>\u003c/p>\n\u003cp>The federal investigation that led to the convictions of \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">Furminger\u003c/a> and two of his \u003ca href=\"http://ww2.kqed.org/news/2015/05/21/one-year-sentence-for-former-s-f-cop-who-testified-against-colleagues\" target=\"_blank\">subordinates\u003c/a> in the Mission District plainclothes division lasted much longer than a year.\u003c/p>\n\u003cp>The history of that investigation -- and when exactly the Police Department started its investigation of the texting scandal -- is central to the arguments of the nine officers fighting dismissal.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi began releasing a \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-video-scandal\" target=\"_blank\">series of surveillance videos\u003c/a> from single-resident-occupancy hotels in 2010 that appeared to show plainclothes officers illegally searching rooms and -- in some cases -- removing property that they never booked into evidence.\u003c/p>\n\u003cp>By April 2011, when Greg Suhr became San Francisco's police chief, the department's investigation into the apparently illegal searches was underway, according to the chief's \u003ca href=\"https://www.scribd.com/doc/293578851/Greg-Suhr-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration\u003c/a> in the texting case, filed earlier this month. But federal law enforcement -- namely the FBI and Northern California U.S. Attorney's Office -- wanted to take over.\u003c/p>\n\u003cp>Two months later, they did, enlisting the help of a handful of criminal investigators from the Police Department's Internal Affairs Division \"to provide expertise regarding the activities and conduct of police officers generally and more specifically within the SFPD organization,\" former Assistant U.S. Attorney Drew Caputo wrote in a \u003ca href=\"https://www.scribd.com/doc/293579008/Drew-Caputo-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration to the court\u003c/a>. \"To avoid potential conflicts of interest, we set clear limits on the extent to which information related to the criminal investigation would be shared within SFPD.\"\u003c/p>\n\u003cp>In his declaration, Suhr says the department set up a \"wall\" between the Internal Affairs Division (IAD) criminal and administrative investigators as the Furminger probe continued. To preserve the integrity of the Furminger case, he added, proceedings against the officers involved in the texting scandal wound up being delayed.\u003c/p>\n\u003cp>\"When a person who is a subject of a criminal investigation is alerted to the existence of that investigation -- whether the subject is a potential witness, suspect, or target of the investigation -- the integrity of the investigation is compromised,\" Suhr wrote. \"The subject changes his or her behavior to avoid detection, and the investigators lose their ability to gather critical evidence. ... [I]t is clear to me that, had SFPD initiated any disciplinary investigation before the criminal investigation concluded, the federal prosecutors might well have lost the ability to make their criminal case against Furminger.\"\u003c/p>\n\u003cp>\u003cstrong>'Choices Have Consequences'\u003c/strong>\u003c/p>\n\u003cp>Lawyers for the nine officers have zeroed in on the delay in the disciplinary case as a violation to the one-year deadline for taking action against their clients. They argue that the clock on the disciplinary case should have started in December 2012, by which time the FBI and U.S. Attorney's Office had shared secret evidence in the Furminger case -- including the offensive texts -- with the IAD's criminal investigators. The city argues the clock started just last December, after Furminger was convicted and the text messages were disclosed to the rest of the Internal Affairs Division.\u003c/p>\n\u003cp>Officer Daugherty's attorney, Alison Berry Wilkinson, said in an interview Thursday that by agreeing to keep the evidence secret, the department chose to place the criminal investigation ahead of any potential officer discipline and thus \"jettisoned their responsibility under the Police Officers Bill of Rights.\"\u003c/p>\n\u003cp>\"Choices have consequences,\" she said. \"They made the choice to agree to that, and the consequence is that they knew that information but didn't act in a timely manner on it.\"\u003c/p>\n\u003cp>But San Francisco Deputy City Attorney Kenneth Walczak says that both federal and local law enforcement did everything \"by the book.\"\u003c/p>\n\u003cp>He said in an interview the officers are trying to \"paint a picture of a plot by the Police Department to sit on evidence and delay disciplining them.\"\u003c/p>\n\u003cp>Walczak said the officers' arguments are not only unrealistic but also clearly exempted in the Public Safety Officers Bill of Rights, which allows for the \"tolling,\" or pause, to the statute of limitations while a related criminal investigation and prosecution are ongoing.\u003c/p>\n\u003cp>\"That state law provides a panoply of rights to peace officers who are accused of wrongdoing by their employer,\" he said -- but argued the protections don't apply in the texting case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The investigation here was two things that exempt it from the ambit of the peace officers bill of rights,\" Walczak said. \"It was both criminal and federal.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A San Francisco federal judge has ordered Uber to limit communication with drivers who are part of a class-action lawsuit against the company, saying he had \"grave concerns\" about arbitration agreements the company sent out last week.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen said the agreements are \"likely to engender confusion\" and that he would issue an order preventing them from taking effect for drivers who are part of the lawsuit. However, Chen added that he wasn't sure he had the \"complete authority\" to ban arbitration agreements.\u003c/p>\n\u003cp>The tentative rulings are the latest in the class action against Uber, which argues the company misclassifies drivers as independent contractors instead of employees. The drivers are also seeking reimbursement for expenses, including gas and car maintenance, along with tips they claim were advertised to customers as part of the fares but not given to drivers.\u003c/p>\n\u003cp>Chen said he was directing Uber not to communicate \"with class members or anything that might affect the prosecution of this case without clearing it through counsel or coming to the court if there's a disagreement.\"\u003c/p>\n\u003cp>Uber sent out the new arbitration agreements last Friday, two days after Chen issued a ruling expanding the class of drivers who could be part of the lawsuit. He ruled 2014 and 2015 arbitration agreements were unenforceable, which meant drivers who opted out of those clauses could be included in the lawsuit. Uber is appealing the ruling.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Theodore Boutrous, the attorney for Uber, estimated that up to 100,000 drivers were added to the class, joining 8,000 drivers \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/judge-certifies-uber-drivers-lawsuit-as-a-class-action\" target=\"_blank\">certified by Chen on Sept. 1\u003c/a>. The case could affect up to 160,000 Uber drivers in California, and Chen said he would rule later on how last week's agreements might affect other drivers.\u003c/p>\n\u003cp>The attorney for the drivers, Shannon Liss-Riordan, said the agreement and email sent to drivers last week was an attempt by Uber to curtail its liability in pending lawsuits. She argued \u003ca href=\"http://ww2.kqed.org/news/2015/12/14/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers\" target=\"_blank\">Uber was trying to \"potentially trick\" drivers\u003c/a> into opting out of the class-action suit.\u003c/p>\n\u003cp>In legal briefs, Liss-Riordan wrote that her firm received more than 800 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement, and do not know if they need to opt out of the agreement to participate in the case.\"\u003c/p>\n\u003cp>Boutrous argued that the new agreement was a reaction to Chen's concerns about the arbitration clauses in Uber's earlier driver contracts.\u003c/p>\n\u003cp>\"[An] agreement was sent out that this court was troubled by, and it fixes those things,\" Boutrous told Chen. \"These aren't some nefarious, evil agreements that must be stopped.\"\u003c/p>\n\u003cp>In his legal briefs, Boutrous wrote that \"there is nothing deceptive, coercive, or misleading about the agreements Uber has implemented (and drivers voluntarily accepted). Indeed, Uber did not amend, in any substantive way, any of the notice provisions or opt-out mechanisms that this court previously approved.\"\u003c/p>\n\u003cp>Boutrous said that a higher number of drivers have opted out of the new arbitration agreement compared with earlier contracts. Liss-Riordan attributes that to widespread news coverage and drivers finding out about the lawsuit from her firm.\u003c/p>\n\u003cp>Chen suggested that Uber provide more \"robust disclosure\" by providing a hyperlink on the first page of the agreement that clearly gives drivers an opt-out option.\u003c/p>\n\u003cp>\"If it's to truly implement a fair model, why not have a simple click the box and not have it on page 21?\" Chen asked.\u003c/p>\n\u003cp>Liss-Riordan also challenged a recent effort by Uber to prove its drivers believe they're independent contractors.\u003c/p>\n\u003cp>The company has begun offering money to drivers for proof they also work for other ride services, such as Lyft. Liss-Riordan called the payments part of a \"deceptive attempt by Uber to gather evidence in support of its defense in this case -- and against the interests of the class -- in exchange for payment.\"\u003c/p>\n\u003cp>Boutrous told Chen the driver information is being gathered for market research.\u003c/p>\n\u003cp>\"The company gathers information about its competitor, and this email was sent to a fraction of California drivers seeking information about their experience with Lyft,\" he told Chen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, Liss-Riordan filed a motion Thursday seeking to have the case tried by the judge instead of a jury.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco federal judge has ordered Uber to limit communication with drivers who are part of a class-action lawsuit against the company, saying he had \"grave concerns\" about arbitration agreements the company sent out last week.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen said the agreements are \"likely to engender confusion\" and that he would issue an order preventing them from taking effect for drivers who are part of the lawsuit. However, Chen added that he wasn't sure he had the \"complete authority\" to ban arbitration agreements.\u003c/p>\n\u003cp>The tentative rulings are the latest in the class action against Uber, which argues the company misclassifies drivers as independent contractors instead of employees. The drivers are also seeking reimbursement for expenses, including gas and car maintenance, along with tips they claim were advertised to customers as part of the fares but not given to drivers.\u003c/p>\n\u003cp>Chen said he was directing Uber not to communicate \"with class members or anything that might affect the prosecution of this case without clearing it through counsel or coming to the court if there's a disagreement.\"\u003c/p>\n\u003cp>Uber sent out the new arbitration agreements last Friday, two days after Chen issued a ruling expanding the class of drivers who could be part of the lawsuit. He ruled 2014 and 2015 arbitration agreements were unenforceable, which meant drivers who opted out of those clauses could be included in the lawsuit. Uber is appealing the ruling.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Theodore Boutrous, the attorney for Uber, estimated that up to 100,000 drivers were added to the class, joining 8,000 drivers \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/judge-certifies-uber-drivers-lawsuit-as-a-class-action\" target=\"_blank\">certified by Chen on Sept. 1\u003c/a>. The case could affect up to 160,000 Uber drivers in California, and Chen said he would rule later on how last week's agreements might affect other drivers.\u003c/p>\n\u003cp>The attorney for the drivers, Shannon Liss-Riordan, said the agreement and email sent to drivers last week was an attempt by Uber to curtail its liability in pending lawsuits. She argued \u003ca href=\"http://ww2.kqed.org/news/2015/12/14/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers\" target=\"_blank\">Uber was trying to \"potentially trick\" drivers\u003c/a> into opting out of the class-action suit.\u003c/p>\n\u003cp>In legal briefs, Liss-Riordan wrote that her firm received more than 800 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement, and do not know if they need to opt out of the agreement to participate in the case.\"\u003c/p>\n\u003cp>Boutrous argued that the new agreement was a reaction to Chen's concerns about the arbitration clauses in Uber's earlier driver contracts.\u003c/p>\n\u003cp>\"[An] agreement was sent out that this court was troubled by, and it fixes those things,\" Boutrous told Chen. \"These aren't some nefarious, evil agreements that must be stopped.\"\u003c/p>\n\u003cp>In his legal briefs, Boutrous wrote that \"there is nothing deceptive, coercive, or misleading about the agreements Uber has implemented (and drivers voluntarily accepted). Indeed, Uber did not amend, in any substantive way, any of the notice provisions or opt-out mechanisms that this court previously approved.\"\u003c/p>\n\u003cp>Boutrous said that a higher number of drivers have opted out of the new arbitration agreement compared with earlier contracts. Liss-Riordan attributes that to widespread news coverage and drivers finding out about the lawsuit from her firm.\u003c/p>\n\u003cp>Chen suggested that Uber provide more \"robust disclosure\" by providing a hyperlink on the first page of the agreement that clearly gives drivers an opt-out option.\u003c/p>\n\u003cp>\"If it's to truly implement a fair model, why not have a simple click the box and not have it on page 21?\" Chen asked.\u003c/p>\n\u003cp>Liss-Riordan also challenged a recent effort by Uber to prove its drivers believe they're independent contractors.\u003c/p>\n\u003cp>The company has begun offering money to drivers for proof they also work for other ride services, such as Lyft. Liss-Riordan called the payments part of a \"deceptive attempt by Uber to gather evidence in support of its defense in this case -- and against the interests of the class -- in exchange for payment.\"\u003c/p>\n\u003cp>Boutrous told Chen the driver information is being gathered for market research.\u003c/p>\n\u003cp>\"The company gathers information about its competitor, and this email was sent to a fraction of California drivers seeking information about their experience with Lyft,\" he told Chen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, Liss-Riordan filed a motion Thursday seeking to have the case tried by the judge instead of a jury.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A judge has decided that a man charged with mass murder is mentally unfit to stand trial for killing seven former classmates at Oikos University in Oakland in 2012.\u003c/p>\n\u003cp>The Alameda County Superior Court judge ruled Thursday that One Goh, 47, suffers from schizophrenia, severe depression and a delusional disorder.\u003c/p>\n\u003cp>The hearing was prompted after one psychologist found that Goh is competent. However, several other clinicians, including one of UCSF's top psychiatric law experts, disagreed.\u003c/p>\n\u003cp>After weeks of testimony, Judge Gloria Rhynes told the courtroom today that Goh remains steeped in the same delusions that led to the killing spree.\u003c/p>\n\u003cp>Goh was doing well in school when he says he believes faculty started to conspire against him, handing out test answers to other students and laughing at him. He maintains his car was followed through a GPS tracker, that his landlord was spying on him through the keyhole and leaving maggots on his floor. His lawyers say paranoia led him to withdraw from school and become homeless in the months before he returned to Oikos to demand a refund, allegedly leaving friends and faculty dead.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since the killings, Assistant Public Defender Dave Klaus says Goh asks to spend most of his time locked up in his room at Napa Hospital. Goh insists he wants to plead not guilty and go to trial, so he can outline how the school conspired against him, though he eventually wants the death penalty.\u003c/p>\n\u003cp>Rhynes says Goh's persistent delusions flow from severe schizophrenia that renders him incapable of helping his lawyers mount a defense. Now Goh will enter into proceedings to determine whether he should be criminally committed.\u003c/p>\n\u003cp>Klaus says that, trial or no trial, Goh will never be free.\u003c/p>\n\u003cp>\"Mr. Goh will not be released whether [he] is in a locked psychiatric facility or whether [he] is in a state prison,\" says Klaus.\u003c/p>\n\u003cp>But Efanye Chibuko, who lost his wife, Doris, during the massacre, says that's no consolation.\u003c/p>\n\u003cp>\"As long as he is out there and this case is not buried, how can the families heal?\" asks Chibuko.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Rhynes told families that if Goh were to improve, trial proceedings could resume.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A judge has decided that a man charged with mass murder is mentally unfit to stand trial for killing seven former classmates at Oikos University in Oakland in 2012.\u003c/p>\n\u003cp>The Alameda County Superior Court judge ruled Thursday that One Goh, 47, suffers from schizophrenia, severe depression and a delusional disorder.\u003c/p>\n\u003cp>The hearing was prompted after one psychologist found that Goh is competent. However, several other clinicians, including one of UCSF's top psychiatric law experts, disagreed.\u003c/p>\n\u003cp>After weeks of testimony, Judge Gloria Rhynes told the courtroom today that Goh remains steeped in the same delusions that led to the killing spree.\u003c/p>\n\u003cp>Goh was doing well in school when he says he believes faculty started to conspire against him, handing out test answers to other students and laughing at him. He maintains his car was followed through a GPS tracker, that his landlord was spying on him through the keyhole and leaving maggots on his floor. His lawyers say paranoia led him to withdraw from school and become homeless in the months before he returned to Oikos to demand a refund, allegedly leaving friends and faculty dead.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since the killings, Assistant Public Defender Dave Klaus says Goh asks to spend most of his time locked up in his room at Napa Hospital. Goh insists he wants to plead not guilty and go to trial, so he can outline how the school conspired against him, though he eventually wants the death penalty.\u003c/p>\n\u003cp>Rhynes says Goh's persistent delusions flow from severe schizophrenia that renders him incapable of helping his lawyers mount a defense. Now Goh will enter into proceedings to determine whether he should be criminally committed.\u003c/p>\n\u003cp>Klaus says that, trial or no trial, Goh will never be free.\u003c/p>\n\u003cp>\"Mr. Goh will not be released whether [he] is in a locked psychiatric facility or whether [he] is in a state prison,\" says Klaus.\u003c/p>\n\u003cp>But Efanye Chibuko, who lost his wife, Doris, during the massacre, says that's no consolation.\u003c/p>\n\u003cp>\"As long as he is out there and this case is not buried, how can the families heal?\" asks Chibuko.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Rhynes told families that if Goh were to improve, trial proceedings could resume.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Fremont Man Charged With Attempt to Join Syrian Jihadists",
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"content": "\u003cp>A 22-year-old Fremont man has been arraigned in San Francisco federal court on charges that he planned to travel to Syria to join one of the Islamic extremist groups engaged in that country's civil war.\u003c/p>\n\u003cp>Adam Shafi was charged in a grand jury indictment unsealed Thursday with a single count of attempting to provide material aid to a foreign terrorist organization, which the FBI identified as Syria's \u003ca href=\"https://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/493\" target=\"_blank\">al-Nusra Front\u003c/a>. If convicted, Shafi faces a maximum $250,000 fine and 20 years in prison.\u003c/p>\n\u003cp>The U.S. Attorney's Office in San Francisco said federal agents stopped Shafi on June 30 at San Francisco International Airport as he waited to board a flight to Istanbul.\u003c/p>\n\u003cp>A 17-page affidavit by FBI agent Christopher Monika, also made public Thursday, says that a combination of informants and electronic surveillance provided evidence that Shafi intended to travel to Turkey on his way to Syria to fight with the al-Nusra Front. The group, also known as Jabhat al-Nusra, is a radical Sunni Muslim group that grew out of the Iraqi branch of Al Qaeda.\u003c/p>\n\u003cp>When taken aside by federal agents, the affidavit says, Shafi said he \"was discouraged with the politics and direction of the United States, citing the recent Supreme Court decision allowing gay marriage, and wanted to be in a country of people of similar mindset and religion as himself.\" The affidavit says Shafi added that he intended to seek work in Turkey as a Web developer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Agents allowed Shafi to leave the airport and return to Fremont. He was arrested July 3 based on the FBI affidavit, which was sealed until Thursday.\u003c/p>\n\u003cp>Shafi's attorney, New York City lawyer Joshua Dratel, issued a statement declaring his client's innocence.\u003c/p>\n\u003cp>“There is no evidence that he was planning to do anything but fly to Istanbul, which is where he had been the year before for two days where he attempted to help the refugees and returned home,” Dratel said. “... He told the agents more than once that he was not flying to Istanbul to join any terrorist organization, and there's no evidence to the contrary.\"\u003c/p>\n\u003cp>The FBI's affidavit says Shafi came to U.S. officials' attention during a family vacation to Egypt in August 2014. Shafi's father contacted the U.S. Embassy in Cairo to report that his son had \"disappeared without telling anyone in the family where he was going.\"\u003c/p>\n\u003cp>The FBI says it learned from an informant that Shafi had flown to Istanbul to meet a friend from the Bay Area -- identified only as A.N. -- and that both young men had planned to join a group fighting in Syria. The affidavit cites court-authorized intercepts of telephone conversations during which Shafi discussed traveling to the Middle East to join the al-Nusra Front.\u003c/p>\n\u003cp>Agents were also keeping an eye on Shafi, with the affidavit reporting that in December 2014, \"an FBI surveillance team observed Adam leading his two younger brothers in exercises described as 'paramilitary style' training that included calisthenics, running through the neighborhood and crawling through the mud at a park near their home in Fremont. Adam appeared to take the training more seriously than his younger brothers did.\"\u003c/p>\n\u003cp>The affidavit says that in a series of phone conversations intercepted in June 2015, Shafi repeatedly expressed a desire to fight with the al-Nusra Front and voiced his willingness to become a martyr.\u003c/p>\n\u003cp>\"I just hope Allah doesn't take my soul until I have at least, like, a couple of gallons of blood that I've spilled for him,\" Shafi reportedly told a friend referred to only as S.K. \"At least, something like that ... I just really hope so. How can I meet Allah when my face has no scars on it ... I'm just so scared of that. Know what I mean?\"\u003c/p>\n\u003cp>During another call in June, the affidavit says, Shafi and S.K. discussed the possibility of joining a jihad to aid Burmese Muslims. Shafi reportedly responded to the idea by saying, \"The only thing about going to Burma is I really want to kill some frickin' people that were supporting America or American soldiers or something.\"\u003c/p>\n\u003cp>When he was stopped at SFO's International Terminal on June 30, the affidavit says, he had drawn attention not only from customs agents near his departure gate but also from fellow passengers on Turkish Airlines Flight 80:\u003c/p>\n\u003cblockquote>\u003cp>\"... A flight 80 passenger ... had approached gate personnel to notify them that a fellow passenger, who she later identified as Adam, was making her nervous. The passenger and the passenger's family had noticed Adam because he was acting 'suspicious' and they did not feel comfortable boarding a flight with him. As the passenger described it, Adam appeared nervous and his leg was shaking. He was reading a book and was alternately mumbling and speaking loudly to himself as he read. Adam also removed and wiped his glasses frequently as he sat in the boarding area.\"\u003c/p>\u003c/blockquote>\n\u003cp>Both the affidavit and indictment are embedded below.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/293563529/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_73786\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/293557222/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_30606\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A 22-year-old Fremont man has been arraigned in San Francisco federal court on charges that he planned to travel to Syria to join one of the Islamic extremist groups engaged in that country's civil war.\u003c/p>\n\u003cp>Adam Shafi was charged in a grand jury indictment unsealed Thursday with a single count of attempting to provide material aid to a foreign terrorist organization, which the FBI identified as Syria's \u003ca href=\"https://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/493\" target=\"_blank\">al-Nusra Front\u003c/a>. If convicted, Shafi faces a maximum $250,000 fine and 20 years in prison.\u003c/p>\n\u003cp>The U.S. Attorney's Office in San Francisco said federal agents stopped Shafi on June 30 at San Francisco International Airport as he waited to board a flight to Istanbul.\u003c/p>\n\u003cp>A 17-page affidavit by FBI agent Christopher Monika, also made public Thursday, says that a combination of informants and electronic surveillance provided evidence that Shafi intended to travel to Turkey on his way to Syria to fight with the al-Nusra Front. The group, also known as Jabhat al-Nusra, is a radical Sunni Muslim group that grew out of the Iraqi branch of Al Qaeda.\u003c/p>\n\u003cp>When taken aside by federal agents, the affidavit says, Shafi said he \"was discouraged with the politics and direction of the United States, citing the recent Supreme Court decision allowing gay marriage, and wanted to be in a country of people of similar mindset and religion as himself.\" The affidavit says Shafi added that he intended to seek work in Turkey as a Web developer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Agents allowed Shafi to leave the airport and return to Fremont. He was arrested July 3 based on the FBI affidavit, which was sealed until Thursday.\u003c/p>\n\u003cp>Shafi's attorney, New York City lawyer Joshua Dratel, issued a statement declaring his client's innocence.\u003c/p>\n\u003cp>“There is no evidence that he was planning to do anything but fly to Istanbul, which is where he had been the year before for two days where he attempted to help the refugees and returned home,” Dratel said. “... He told the agents more than once that he was not flying to Istanbul to join any terrorist organization, and there's no evidence to the contrary.\"\u003c/p>\n\u003cp>The FBI's affidavit says Shafi came to U.S. officials' attention during a family vacation to Egypt in August 2014. Shafi's father contacted the U.S. Embassy in Cairo to report that his son had \"disappeared without telling anyone in the family where he was going.\"\u003c/p>\n\u003cp>The FBI says it learned from an informant that Shafi had flown to Istanbul to meet a friend from the Bay Area -- identified only as A.N. -- and that both young men had planned to join a group fighting in Syria. The affidavit cites court-authorized intercepts of telephone conversations during which Shafi discussed traveling to the Middle East to join the al-Nusra Front.\u003c/p>\n\u003cp>Agents were also keeping an eye on Shafi, with the affidavit reporting that in December 2014, \"an FBI surveillance team observed Adam leading his two younger brothers in exercises described as 'paramilitary style' training that included calisthenics, running through the neighborhood and crawling through the mud at a park near their home in Fremont. Adam appeared to take the training more seriously than his younger brothers did.\"\u003c/p>\n\u003cp>The affidavit says that in a series of phone conversations intercepted in June 2015, Shafi repeatedly expressed a desire to fight with the al-Nusra Front and voiced his willingness to become a martyr.\u003c/p>\n\u003cp>\"I just hope Allah doesn't take my soul until I have at least, like, a couple of gallons of blood that I've spilled for him,\" Shafi reportedly told a friend referred to only as S.K. \"At least, something like that ... I just really hope so. How can I meet Allah when my face has no scars on it ... I'm just so scared of that. Know what I mean?\"\u003c/p>\n\u003cp>During another call in June, the affidavit says, Shafi and S.K. discussed the possibility of joining a jihad to aid Burmese Muslims. Shafi reportedly responded to the idea by saying, \"The only thing about going to Burma is I really want to kill some frickin' people that were supporting America or American soldiers or something.\"\u003c/p>\n\u003cp>When he was stopped at SFO's International Terminal on June 30, the affidavit says, he had drawn attention not only from customs agents near his departure gate but also from fellow passengers on Turkish Airlines Flight 80:\u003c/p>\n\u003cblockquote>\u003cp>\"... A flight 80 passenger ... had approached gate personnel to notify them that a fellow passenger, who she later identified as Adam, was making her nervous. The passenger and the passenger's family had noticed Adam because he was acting 'suspicious' and they did not feel comfortable boarding a flight with him. As the passenger described it, Adam appeared nervous and his leg was shaking. He was reading a book and was alternately mumbling and speaking loudly to himself as he read. Adam also removed and wiped his glasses frequently as he sat in the boarding area.\"\u003c/p>\u003c/blockquote>\n\u003cp>Both the affidavit and indictment are embedded below.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/293563529/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_73786\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/293557222/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_30606\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Critics Say Gov. Brown Isn't Delivering on Reform at Troubled CPUC",
"title": "Critics Say Gov. Brown Isn't Delivering on Reform at Troubled CPUC",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Last December, Gov. Jerry Brown \u003ca href=\"//www.gov.ca.gov/news.php?id=18816\" target=\"_blank\">appointed\u003c/a> a longtime adviser, Michael Picker, to head the California Public Utilities Commission.\u003c/p>\n\u003cp>The CPUC oversees privately owned electric, gas and transportation companies and has been under fire for a series of scandals and missteps since 2010. That’s when a gas pipeline owned by PG&E \u003ca href=\"http://www.sfgate.com/bayarea/article/San-Bruno-fire-levels-neighborhood-gas-explosion-3175334.php\" target=\"_blank\">exploded in a San Bruno neighborhood\u003c/a>, killing eight people, injuring dozens and laying bare \u003ca href=\"http://ww2.kqed.org/news/2015/09/08/five-years-after-deadly-san-bruno-explosion-are-we-safer\" target=\"_blank\">the regulatory agency's failure\u003c/a> to adequately police utilities. Among those failures: \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">cozy relationships\u003c/a> between CPUC officials and the companies they oversee.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Jerry Brown really wants to take the public out of the Public Utilities Commission.'\u003ccite>Jamie Court,\u003cbr>\nConsumer Watchdog executive director\u003c/cite>\u003c/aside>\n\u003cp>Picker’s appointment was seen as an attempt to move the CPUC in a new direction. But a year later, after Brown vetoed a package of reform bills, there are questions about how committed the governor is to change.\u003c/p>\n\u003cp>Those questions, CPUC critics say, have become more urgent following the release of emails indicating the governor's office has been closely involved in discussions with the agency over how to handle controversial situations, including \u003ca href=\"http://www.sandiegouniontribune.com/news/2015/dec/07/brown-cpuc-san-bruno-emails/\" target=\"_blank\">San Bruno\u003c/a> and the shutdown of a Southern California nuclear power plant.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/237994423\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" / “Gov. Brown has a very mixed record when it comes to the CPUC,” said Mark Toney, executive director of the consumer advocacy organization The Utilities Reform Network, or TURN. “There’s been some improvement in some areas -- it really feels to us that the commissioners pay more attention to all the parties and all of their argument,\" Toney said. \"But we see little or no change in the ability of utility companies to have private conversations with commissioners and their staff, and the utility companies still exercise tremendous influence over the process.” [soundcloud url=\"https://api.soundcloud.com/tracks/237994423\" 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>\u003cstrong>Lawmakers Initially Impressed with New CPUC President\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Just a few months ago, many CPUC critics were feeling good about where things were headed. Legislation to limit private conversations between utilities and regulators and to expand transparency and public access to the CPUC's deliberations was sailing through the Legislature. When Michael Picker appeared before lawmakers at an August confirmation hearing, he highlighted changes he said would improve how the agency functions.\u003c/p>\n\u003cp>“This job continues to be the most frustrating and the most difficult of my career,” Picker \u003ca href=\"https://www.gov.ca.gov/news.php?id=18816\" target=\"_blank\">told the Senate Rules Committee\u003c/a>, stressing the work he had done to make the CPUC more open and accountable to both the staff and public since his appointment to lead the agency last December.\u003c/p>\n\u003cp>Lawmakers appeared impressed and sent his confirmation to the full Senate, which \u003ca href=\"http://www.latimes.com/business/la-fi-picker-randolph-confirmed-20150909-story.html\" target=\"_blank\">approved the appointment\u003c/a> by a 31-8 vote.\u003c/p>\n\u003cfigure id=\"attachment_10797156\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/GettyImages-497907814-e1450312867893.jpg\" rel=\"attachment wp-att-10797156\">\u003cimg class=\"size-medium wp-image-10797156\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/GettyImages-497907814-800x533.jpg\" alt=\"Michael Picker, president of the California Public Utilities Commission, at his office in San Francisco.\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Picker, president of the California Public Utilities Commission, at his office in San Francisco. \u003ccite>(Michael Short/Bloomberg via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But just two months later, Sacramento sources say, Picker worked behind the scenes to persuade the governor to veto bills that supporters say would have ensured the CPUC is truly changing its ways and could help head off tragedies like San Bruno.\u003c/p>\n\u003cp>In his \u003ca href=\"http://www.documentcloud.org/search/preview?q=projectid%3A+23901-cpuc-vetoes+&slug=projectid-23901-cpuc-vetoes&options=%7B%22q%22%3A%22projectid%3A+23901-cpuc-vetoes+%22%2C%22container%22%3A%22%23DC-search-projectid-23901-cpuc-vetoes%22%2C%22title%22%3A%22Brown+2015+CPUC+Legislation+Vetoes%22%2C%22order%22%3A%22title%22%2C%22per_page%22%3A%2212%22%2C%22search_bar%22%3Atrue%2C%22organization%22%3A813%7D\" target=\"_blank\">veto messages\u003c/a>, Brown wrote that he supported the general goals of the reform bill but found some of their specifics unworkable. The governor promised to work with lawmakers to revisit the legislation next year -- and the lawmakers who wrote the bills said they are taking the Brown at his word.\u003c/p>\n\u003cp>Sen. Jerry Hill, a Democrat who represents San Bruno and has sponsored more than a dozen bills in recent years to reform the CPUC, said Brown’s chief of staff, Nancy McFadden, called him to let him know the governor was vetoing two of his bills.\u003c/p>\n\u003cp>“And she wanted to personally convey the message that he agreed with a lot of the reforms, that he was open to and actually instructed his staff to work with legislators and me this next year to craft some reforms that he could accept and that the PUC could work with as we move forward,” Hill said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'(Brown) instructed his staff to work with legislators and me this next year to craft some reforms that he could accept.'\u003ccite>Sen. Jerry Hill\u003c/cite>\u003c/aside>\n\u003cp>Hill is optimistic the Legislature can work with Brown and the CPUC in 2016 to “open up the CPUC to more transparency and greater accountability.”\u003c/p>\n\u003cp>That’s not good enough for Jamie Court, executive director of Consumer Watchdog. He says the commission shouldn’t be involved in writing its own reforms and adds that if the agency was really committed to changing its practices, it could have done so without legislation.\u003c/p>\n\u003cp>“Jerry Brown really wants to take the public out of the Public Utilities Commission, so he vetoed bills this year that would have gone a long way to cleaning up the act of the PUC,” Court said. “His message in the veto message is more secrecy, and I have absolutely no faith that the members of the PUC, [who] would like nothing more than to operate behind closed doors, would be able to write a law that makes the PUC more open and transparent so we don't see these types of abuses occurring.”\u003c/p>\n\u003cp>When asked about the vetoes and about Picker's performance as president so far, the governor’s press office declined comment and referred back to Brown's veto messages and a news release announcing Picker’s appointment.\u003c/p>\n\u003cp>\u003cstrong>CPUC's San Bruno and San Onofre Scandals\u003c/strong>\u003c/p>\n\u003cp>Several of the bills the governor vetoed were aimed at tackling issues raised in the aftermath of the San Bruno disaster or that resulted from the controversy over the shutdown of Southern California's San Onofre nuclear power plant.\u003c/p>\n\u003cp>Many of the problems were revealed in tens of thousands of emails released by a court during litigation between the city of San Bruno and PG&E. The emails detail \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">close relationships\u003c/a> between PG&E executives and top regulators, including former CPUC President Michael Peevey. Peevey and PG&E’s vice president of regulatory affairs, Brian Cherry, swapped stories about favorite pinot noirs and international vacation spots, and made deals related to PG&E business that the commission was considering.\u003c/p>\n\u003cp>The men are now under criminal investigation by federal and state authorities. Search warrants for Peevey’s and Cherry’s homes showed investigators were looking for evidence of illegal ex parte communications, bribery, obstruction of justice and favors or preferential treatment about matters before the commission.\u003c/p>\n\u003cp>That case led to other problems for Peevey and the CPUC: While agents from the state attorney general’s office were searching his home, they found a napkin with notes from a private meeting at a Warsaw hotel between Peevey and and an executive for Southern California Edison. The notes contained the outline of a settlement related to the shutdown and decommissioning of San Onofre.\u003c/p>\n\u003cfigure id=\"attachment_10797155\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/san-onofre-napkin.png\" rel=\"attachment wp-att-10797155\">\u003cimg class=\"size-medium wp-image-10797155\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/san-onofre-napkin-800x880.png\" alt=\"Notes about the San Onofre shutdown settlement found in Peevey’s home.\" width=\"800\" height=\"880\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin-400x440.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin-768x845.png 768w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Notes about the San Onofre shutdown settlement found in Peevey’s home.\u003c/figcaption>\u003c/figure>\n\u003cp>The plant, jointly owned by Edison and San Diego Gas and Electric, sprung a radioactive leak in 2012, less than a year after a $700 million upgrade, a cost mostly borne by ratepayers. The plant had to be closed -- and it was up to the CPUC to decide who should pay for the shutdown.\u003c/p>\n\u003cp>The final deal, negotiated in part by Peevey and approved by the full commission, saddled ratepayers with a $3.3 billion bill. That settlement is now under fire because of questions over whether it was influenced by the secret Warsaw meeting, which under state law should have been disclosed at the time by the utility company.\u003c/p>\n\u003cp>Peevey decided late last year not to seek reappointment as CPUC president, as criticism of the agency and his leadership mounted and as Sen. Hill prepared to introduce a resolution to remove him.\u003c/p>\n\u003cp>As the storm grew, TURN spokeswoman Mindy Spatt notes, Brown “never stopped supporting Michael Peevey publicly.”\u003c/p>\n\u003cp>“Michael Peevey didn't resign from the commission, neither was he pushed out,” she said. “He simply didn’t try to get reappointed -- and to be clear, in the time I have been here at TURN, 17 years, we have never seen the kind of public outcry we saw about Peevey. We had tens of thousands of consumers send Gov. Brown letters, asking for his resignation in the wake of San Bruno, and the governor really did nothing, and did nothing to address the scandal that enveloped President Peevey.”\u003c/p>\n\u003cp>Hill says he wasn’t surprised that Brown stood by the former commission president for so long.\u003c/p>\n\u003cp>“He did stand behind Mr. Peevey a lot longer than necessary or appropriate ... but I think the governor is loyal, and in politics, loyalty is important,” he said. “I don't think the governor would have reappointed Mr. Peevey at all.”\u003c/p>\n\u003cp>Hill adds that he believes Peevey should face criminal prosecution for his conduct at the agency.\u003c/p>\n\u003cp>\u003cstrong>Office of Ratepayer Advocates Left Without a Leader\u003c/strong>\u003c/p>\n\u003cp>Even as questions continue to emerge about the CPUC’s record, Brown has neglected the branch of the commission that’s dedicated to protecting consumers, the Office of Ratepayer Advocates, which has been without a permanent director for more than five years.\u003c/p>\n\u003cp>Interim Director Joe Como is retiring next week. The governor’s office told KQED the administration will be looking for a qualified candidate, but did not answer questions about why the ORA has been without a permanent director for so long.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/238127846\" 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>Como said he’s been hamstrung in the role for years because, as interim chief, he didn’t have all the powers a permanent appointee would have.\u003c/p>\n\u003cp>“Nobody can fill the director’s position except the governor,” Como said. “It’s better in terms of lending credibility to the job to have an appointed director. And it gives the feeling that the governor has confidence in the person.”\u003c/p>\n\u003cfigure id=\"attachment_10797232\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/RS17819_IMG_0920-qut-e1450318370405.jpg\" rel=\"attachment wp-att-10797232\">\u003cimg class=\"wp-image-10797232 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/RS17819_IMG_0920-qut-400x600.jpg\" alt=\"Interim Director Joe Como at his home in Sonoma.\" width=\"400\" height=\"600\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Interim Director Joe Como at his home in Sonoma. \u003ccite>(Lisa Pickoff-White/QKED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Consumer advocates say the Office of Ratepayer Advocates needs a leader.\u003c/p>\n\u003cp>“We feel it is an act of neglect for Gov. Brown to fail to appoint a permanent executive director to ORA. It’s extremely important for him to appoint a very strong, dedicated consumer advocate to that position to exercise the kind of leadership they need,” Toney said.\u003c/p>\n\u003cp>It’s crucial, Toney says, because the ORA is the only state agency solely dedicated to looking out for utility customers.\u003c/p>\n\u003cp>In California, utility bills are determined through a process that's akin to a court case. Companies make their arguments for higher rates to an administrative law judge. And while unions, consumer groups and others can intervene with their own lawyers, in 1984 the Legislature decided utility customers needed their voice heard in such proceedings and created the CPUC branch known today as the Office of Ratepayer Advocates.\u003c/p>\n\u003cp>When utilities want to increase rates, ORA analysts look at whether the proposal is fair -- weighing factors that include executive pay and bonuses, spending on safety, medical costs and pensions. They often present their findings as expert witnesses.\u003c/p>\n\u003cp>The agency also checks to make sure that utilities are actually spending the revenue they're awarded in rate cases. In recent years PG&E was caught not using $400 million it was allowed to collect from customers for safety upgrades. Ratepayers are getting a refund for that this winter as part of the penalty levied against the company for the San Bruno disaster.\u003c/p>\n\u003cp>Currently, the ORA doesn’t have a chief counsel, and it's often forced to use lawyers who work for other branches of the CPUC -- attorneys who may have interests that don't coincide with the ORA's mission. Toney says it’s ridiculous for the agency to be sharing attorneys with the same CPUC branches “they are supposed to be the watchdog of.”\u003c/p>\n\u003cp>Throughout the agency, about one in seven funded positions are currently vacant. During the last five years the agency took part in 30 percent fewer pleadings and 15 percent fewer proceedings.\u003c/p>\n\u003cp>Como said that during his tenure he wished the office had “pushed as hard on pipeline safety as we should have.”\u003c/p>\n\u003cp>“We do not think that the pipeline transmission system in California is safe enough yet,” he said.\u003c/p>\n\u003cp>\u003cstrong>Back-Channel Communications\u003c/strong>\u003c/p>\n\u003cp>Amid these shortcomings, the ORA has also had its share of problems with back-channel communications between staff and utility executives.\u003c/p>\n\u003cp>More than 2,000 emails between ORA Program Manager Michael Campbell and PG&E Director of Regulatory Relations Sidney Dietz became public during a lawsuit between the city of San Bruno and the utility. Among frequent emails about their bicycling adventures were long conversations about energy policy, ratemaking and the electrical power grid. A judge ruled that at least one of the conversations was “improper.”\u003c/p>\n\u003cp>Campbell also forwarded personal information about ORA employees to Dietz, in one case discussing a co-worker's health problems.\u003c/p>\n\u003cp>Current and former ORA staffers told KQED that having information about their personal lives forwarded to PG&E staff was devastating. The ORA and utilities are frequently on opposite sides of cases, and analysts are cross-examined by utility lawyers.\u003c/p>\n\u003cp>“It is a state agency, so we don’t have the same level of resources these utilities do, so it does take a lot of courage,” said former ORA analyst Monisha Gangopadhyay. “Being cross-examined by PG&E lawyers, it doesn’t help to know that they know your personal business. Essentially what that manager has done is assassinated your personal character before you even get on the stand.”\u003c/p>\n\u003cp>Gangopadhyay said that staff were surprised and demoralized when the emails came out.\u003c/p>\n\u003cp>“They objectify women, show sort of a contempt for the organization’s mission, a lack of professionalism. Generally, the target of the emails are women, admin staff to the commissioners. That was disturbing,” she said.\u003c/p>\n\u003cp>Campbell declined to comment for this story. PG&E did not respond to KQED inquiries. Como would say only that “appropriate steps have been taken\" to address the situation.\u003c/p>\n\u003cp>“I think it was poor judgment on the part of Mr. Campbell to have forwarded those outside of our office,” Como said.\u003c/p>\n\u003cp>\u003cstrong>Can the CPUC Reform Itself?\u003c/strong>\u003c/p>\n\u003cp>In many ways, critics say, Gov. Brown and the CPUC continue to resist change -- in both the courtroom and the Capitol.\u003c/p>\n\u003cp>For example, the CPUC has \u003ca href=\"http://www.sfgate.com/news/article/Judge-Regulator-should-release-Brown-e-mails-on-6662443.php\" target=\"_blank\">refused to release emails\u003c/a> concerning the role of commission president Picker and Brown in the deal to shut down San Onofre.\u003c/p>\n\u003cp>The bills vetoed by the governor would have addressed some of the problems raised in the aftermath of San Bruno and San Onofre, lawmakers and consumer advocates say. One would have made it easier for the public to challenge the CPUC in public records disputes, like the San Onofre case.\u003c/p>\n\u003cp>Another would have overhauled the rules around private conversations between CPUC officials and interested parties like utility officials, outlawing them in some cases and greatly expanding disclosures in others. Those changes were recommended in \u003ca href=\"https://www.opr.ca.gov/docs/Presentation_2_Strumwasser_Slides.pdf\" target=\"_blank\">a report commissioned by the CPUC\u003c/a>, which called the current rules “very unusual” and “unfair” and said they “fundamentally undermine record-based decision making.\" The report recommended eliminating these types of private meetings in some cases and expanding which ones are subject to disclosure in others.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.gov.ca.gov/docs/AB_825_Veto_Message.pdf\" target=\"_blank\">one veto message\u003c/a>, Brown wrote that he supports “the intent of these bills and many of their proposed reforms, however some additional work is needed to ensure that they achieve their intended purposes and can be effectively implemented.”\u003c/p>\n\u003cp>In \u003ca href=\"https://www.gov.ca.gov/docs/SB_660_Veto_Message.pdf\" target=\"_blank\">another\u003c/a>, he wrote that some of the bills were “unworkable” as written.\u003c/p>\n\u003cp>“Some prudent prioritization is needed,” Brown stated. “I am directing my office to work with the authors on drafting these reforms and to ensure the commission receives the necessary resources to implement them swiftly and effectively.”\u003c/p>\n\u003cp>Lawmakers and advocates say they are watching closely to see what Brown does in 2016.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[scribd id=293480918 key=key-RRjWJGk3t66mKxF8P1RG mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last December, Gov. Jerry Brown \u003ca href=\"//www.gov.ca.gov/news.php?id=18816\" target=\"_blank\">appointed\u003c/a> a longtime adviser, Michael Picker, to head the California Public Utilities Commission.\u003c/p>\n\u003cp>The CPUC oversees privately owned electric, gas and transportation companies and has been under fire for a series of scandals and missteps since 2010. That’s when a gas pipeline owned by PG&E \u003ca href=\"http://www.sfgate.com/bayarea/article/San-Bruno-fire-levels-neighborhood-gas-explosion-3175334.php\" target=\"_blank\">exploded in a San Bruno neighborhood\u003c/a>, killing eight people, injuring dozens and laying bare \u003ca href=\"http://ww2.kqed.org/news/2015/09/08/five-years-after-deadly-san-bruno-explosion-are-we-safer\" target=\"_blank\">the regulatory agency's failure\u003c/a> to adequately police utilities. Among those failures: \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">cozy relationships\u003c/a> between CPUC officials and the companies they oversee.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Jerry Brown really wants to take the public out of the Public Utilities Commission.'\u003ccite>Jamie Court,\u003cbr>\nConsumer Watchdog executive director\u003c/cite>\u003c/aside>\n\u003cp>Picker’s appointment was seen as an attempt to move the CPUC in a new direction. But a year later, after Brown vetoed a package of reform bills, there are questions about how committed the governor is to change.\u003c/p>\n\u003cp>Those questions, CPUC critics say, have become more urgent following the release of emails indicating the governor's office has been closely involved in discussions with the agency over how to handle controversial situations, including \u003ca href=\"http://www.sandiegouniontribune.com/news/2015/dec/07/brown-cpuc-san-bruno-emails/\" target=\"_blank\">San Bruno\u003c/a> and the shutdown of a Southern California nuclear power plant.\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/237994423&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/237994423'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Lawmakers Initially Impressed with New CPUC President\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Just a few months ago, many CPUC critics were feeling good about where things were headed. Legislation to limit private conversations between utilities and regulators and to expand transparency and public access to the CPUC's deliberations was sailing through the Legislature. When Michael Picker appeared before lawmakers at an August confirmation hearing, he highlighted changes he said would improve how the agency functions.\u003c/p>\n\u003cp>“This job continues to be the most frustrating and the most difficult of my career,” Picker \u003ca href=\"https://www.gov.ca.gov/news.php?id=18816\" target=\"_blank\">told the Senate Rules Committee\u003c/a>, stressing the work he had done to make the CPUC more open and accountable to both the staff and public since his appointment to lead the agency last December.\u003c/p>\n\u003cp>Lawmakers appeared impressed and sent his confirmation to the full Senate, which \u003ca href=\"http://www.latimes.com/business/la-fi-picker-randolph-confirmed-20150909-story.html\" target=\"_blank\">approved the appointment\u003c/a> by a 31-8 vote.\u003c/p>\n\u003cfigure id=\"attachment_10797156\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/GettyImages-497907814-e1450312867893.jpg\" rel=\"attachment wp-att-10797156\">\u003cimg class=\"size-medium wp-image-10797156\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/GettyImages-497907814-800x533.jpg\" alt=\"Michael Picker, president of the California Public Utilities Commission, at his office in San Francisco.\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Picker, president of the California Public Utilities Commission, at his office in San Francisco. \u003ccite>(Michael Short/Bloomberg via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But just two months later, Sacramento sources say, Picker worked behind the scenes to persuade the governor to veto bills that supporters say would have ensured the CPUC is truly changing its ways and could help head off tragedies like San Bruno.\u003c/p>\n\u003cp>In his \u003ca href=\"http://www.documentcloud.org/search/preview?q=projectid%3A+23901-cpuc-vetoes+&slug=projectid-23901-cpuc-vetoes&options=%7B%22q%22%3A%22projectid%3A+23901-cpuc-vetoes+%22%2C%22container%22%3A%22%23DC-search-projectid-23901-cpuc-vetoes%22%2C%22title%22%3A%22Brown+2015+CPUC+Legislation+Vetoes%22%2C%22order%22%3A%22title%22%2C%22per_page%22%3A%2212%22%2C%22search_bar%22%3Atrue%2C%22organization%22%3A813%7D\" target=\"_blank\">veto messages\u003c/a>, Brown wrote that he supported the general goals of the reform bill but found some of their specifics unworkable. The governor promised to work with lawmakers to revisit the legislation next year -- and the lawmakers who wrote the bills said they are taking the Brown at his word.\u003c/p>\n\u003cp>Sen. Jerry Hill, a Democrat who represents San Bruno and has sponsored more than a dozen bills in recent years to reform the CPUC, said Brown’s chief of staff, Nancy McFadden, called him to let him know the governor was vetoing two of his bills.\u003c/p>\n\u003cp>“And she wanted to personally convey the message that he agreed with a lot of the reforms, that he was open to and actually instructed his staff to work with legislators and me this next year to craft some reforms that he could accept and that the PUC could work with as we move forward,” Hill said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'(Brown) instructed his staff to work with legislators and me this next year to craft some reforms that he could accept.'\u003ccite>Sen. Jerry Hill\u003c/cite>\u003c/aside>\n\u003cp>Hill is optimistic the Legislature can work with Brown and the CPUC in 2016 to “open up the CPUC to more transparency and greater accountability.”\u003c/p>\n\u003cp>That’s not good enough for Jamie Court, executive director of Consumer Watchdog. He says the commission shouldn’t be involved in writing its own reforms and adds that if the agency was really committed to changing its practices, it could have done so without legislation.\u003c/p>\n\u003cp>“Jerry Brown really wants to take the public out of the Public Utilities Commission, so he vetoed bills this year that would have gone a long way to cleaning up the act of the PUC,” Court said. “His message in the veto message is more secrecy, and I have absolutely no faith that the members of the PUC, [who] would like nothing more than to operate behind closed doors, would be able to write a law that makes the PUC more open and transparent so we don't see these types of abuses occurring.”\u003c/p>\n\u003cp>When asked about the vetoes and about Picker's performance as president so far, the governor’s press office declined comment and referred back to Brown's veto messages and a news release announcing Picker’s appointment.\u003c/p>\n\u003cp>\u003cstrong>CPUC's San Bruno and San Onofre Scandals\u003c/strong>\u003c/p>\n\u003cp>Several of the bills the governor vetoed were aimed at tackling issues raised in the aftermath of the San Bruno disaster or that resulted from the controversy over the shutdown of Southern California's San Onofre nuclear power plant.\u003c/p>\n\u003cp>Many of the problems were revealed in tens of thousands of emails released by a court during litigation between the city of San Bruno and PG&E. The emails detail \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">close relationships\u003c/a> between PG&E executives and top regulators, including former CPUC President Michael Peevey. Peevey and PG&E’s vice president of regulatory affairs, Brian Cherry, swapped stories about favorite pinot noirs and international vacation spots, and made deals related to PG&E business that the commission was considering.\u003c/p>\n\u003cp>The men are now under criminal investigation by federal and state authorities. Search warrants for Peevey’s and Cherry’s homes showed investigators were looking for evidence of illegal ex parte communications, bribery, obstruction of justice and favors or preferential treatment about matters before the commission.\u003c/p>\n\u003cp>That case led to other problems for Peevey and the CPUC: While agents from the state attorney general’s office were searching his home, they found a napkin with notes from a private meeting at a Warsaw hotel between Peevey and and an executive for Southern California Edison. The notes contained the outline of a settlement related to the shutdown and decommissioning of San Onofre.\u003c/p>\n\u003cfigure id=\"attachment_10797155\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/san-onofre-napkin.png\" rel=\"attachment wp-att-10797155\">\u003cimg class=\"size-medium wp-image-10797155\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/san-onofre-napkin-800x880.png\" alt=\"Notes about the San Onofre shutdown settlement found in Peevey’s home.\" width=\"800\" height=\"880\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin-400x440.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/san-onofre-napkin-768x845.png 768w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Notes about the San Onofre shutdown settlement found in Peevey’s home.\u003c/figcaption>\u003c/figure>\n\u003cp>The plant, jointly owned by Edison and San Diego Gas and Electric, sprung a radioactive leak in 2012, less than a year after a $700 million upgrade, a cost mostly borne by ratepayers. The plant had to be closed -- and it was up to the CPUC to decide who should pay for the shutdown.\u003c/p>\n\u003cp>The final deal, negotiated in part by Peevey and approved by the full commission, saddled ratepayers with a $3.3 billion bill. That settlement is now under fire because of questions over whether it was influenced by the secret Warsaw meeting, which under state law should have been disclosed at the time by the utility company.\u003c/p>\n\u003cp>Peevey decided late last year not to seek reappointment as CPUC president, as criticism of the agency and his leadership mounted and as Sen. Hill prepared to introduce a resolution to remove him.\u003c/p>\n\u003cp>As the storm grew, TURN spokeswoman Mindy Spatt notes, Brown “never stopped supporting Michael Peevey publicly.”\u003c/p>\n\u003cp>“Michael Peevey didn't resign from the commission, neither was he pushed out,” she said. “He simply didn’t try to get reappointed -- and to be clear, in the time I have been here at TURN, 17 years, we have never seen the kind of public outcry we saw about Peevey. We had tens of thousands of consumers send Gov. Brown letters, asking for his resignation in the wake of San Bruno, and the governor really did nothing, and did nothing to address the scandal that enveloped President Peevey.”\u003c/p>\n\u003cp>Hill says he wasn’t surprised that Brown stood by the former commission president for so long.\u003c/p>\n\u003cp>“He did stand behind Mr. Peevey a lot longer than necessary or appropriate ... but I think the governor is loyal, and in politics, loyalty is important,” he said. “I don't think the governor would have reappointed Mr. Peevey at all.”\u003c/p>\n\u003cp>Hill adds that he believes Peevey should face criminal prosecution for his conduct at the agency.\u003c/p>\n\u003cp>\u003cstrong>Office of Ratepayer Advocates Left Without a Leader\u003c/strong>\u003c/p>\n\u003cp>Even as questions continue to emerge about the CPUC’s record, Brown has neglected the branch of the commission that’s dedicated to protecting consumers, the Office of Ratepayer Advocates, which has been without a permanent director for more than five years.\u003c/p>\n\u003cp>Interim Director Joe Como is retiring next week. The governor’s office told KQED the administration will be looking for a qualified candidate, but did not answer questions about why the ORA has been without a permanent director for so long.\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/238127846&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/238127846'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Como said he’s been hamstrung in the role for years because, as interim chief, he didn’t have all the powers a permanent appointee would have.\u003c/p>\n\u003cp>“Nobody can fill the director’s position except the governor,” Como said. “It’s better in terms of lending credibility to the job to have an appointed director. And it gives the feeling that the governor has confidence in the person.”\u003c/p>\n\u003cfigure id=\"attachment_10797232\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/RS17819_IMG_0920-qut-e1450318370405.jpg\" rel=\"attachment wp-att-10797232\">\u003cimg class=\"wp-image-10797232 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/RS17819_IMG_0920-qut-400x600.jpg\" alt=\"Interim Director Joe Como at his home in Sonoma.\" width=\"400\" height=\"600\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Interim Director Joe Como at his home in Sonoma. \u003ccite>(Lisa Pickoff-White/QKED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Consumer advocates say the Office of Ratepayer Advocates needs a leader.\u003c/p>\n\u003cp>“We feel it is an act of neglect for Gov. Brown to fail to appoint a permanent executive director to ORA. It’s extremely important for him to appoint a very strong, dedicated consumer advocate to that position to exercise the kind of leadership they need,” Toney said.\u003c/p>\n\u003cp>It’s crucial, Toney says, because the ORA is the only state agency solely dedicated to looking out for utility customers.\u003c/p>\n\u003cp>In California, utility bills are determined through a process that's akin to a court case. Companies make their arguments for higher rates to an administrative law judge. And while unions, consumer groups and others can intervene with their own lawyers, in 1984 the Legislature decided utility customers needed their voice heard in such proceedings and created the CPUC branch known today as the Office of Ratepayer Advocates.\u003c/p>\n\u003cp>When utilities want to increase rates, ORA analysts look at whether the proposal is fair -- weighing factors that include executive pay and bonuses, spending on safety, medical costs and pensions. They often present their findings as expert witnesses.\u003c/p>\n\u003cp>The agency also checks to make sure that utilities are actually spending the revenue they're awarded in rate cases. In recent years PG&E was caught not using $400 million it was allowed to collect from customers for safety upgrades. Ratepayers are getting a refund for that this winter as part of the penalty levied against the company for the San Bruno disaster.\u003c/p>\n\u003cp>Currently, the ORA doesn’t have a chief counsel, and it's often forced to use lawyers who work for other branches of the CPUC -- attorneys who may have interests that don't coincide with the ORA's mission. Toney says it’s ridiculous for the agency to be sharing attorneys with the same CPUC branches “they are supposed to be the watchdog of.”\u003c/p>\n\u003cp>Throughout the agency, about one in seven funded positions are currently vacant. During the last five years the agency took part in 30 percent fewer pleadings and 15 percent fewer proceedings.\u003c/p>\n\u003cp>Como said that during his tenure he wished the office had “pushed as hard on pipeline safety as we should have.”\u003c/p>\n\u003cp>“We do not think that the pipeline transmission system in California is safe enough yet,” he said.\u003c/p>\n\u003cp>\u003cstrong>Back-Channel Communications\u003c/strong>\u003c/p>\n\u003cp>Amid these shortcomings, the ORA has also had its share of problems with back-channel communications between staff and utility executives.\u003c/p>\n\u003cp>More than 2,000 emails between ORA Program Manager Michael Campbell and PG&E Director of Regulatory Relations Sidney Dietz became public during a lawsuit between the city of San Bruno and the utility. Among frequent emails about their bicycling adventures were long conversations about energy policy, ratemaking and the electrical power grid. A judge ruled that at least one of the conversations was “improper.”\u003c/p>\n\u003cp>Campbell also forwarded personal information about ORA employees to Dietz, in one case discussing a co-worker's health problems.\u003c/p>\n\u003cp>Current and former ORA staffers told KQED that having information about their personal lives forwarded to PG&E staff was devastating. The ORA and utilities are frequently on opposite sides of cases, and analysts are cross-examined by utility lawyers.\u003c/p>\n\u003cp>“It is a state agency, so we don’t have the same level of resources these utilities do, so it does take a lot of courage,” said former ORA analyst Monisha Gangopadhyay. “Being cross-examined by PG&E lawyers, it doesn’t help to know that they know your personal business. Essentially what that manager has done is assassinated your personal character before you even get on the stand.”\u003c/p>\n\u003cp>Gangopadhyay said that staff were surprised and demoralized when the emails came out.\u003c/p>\n\u003cp>“They objectify women, show sort of a contempt for the organization’s mission, a lack of professionalism. Generally, the target of the emails are women, admin staff to the commissioners. That was disturbing,” she said.\u003c/p>\n\u003cp>Campbell declined to comment for this story. PG&E did not respond to KQED inquiries. Como would say only that “appropriate steps have been taken\" to address the situation.\u003c/p>\n\u003cp>“I think it was poor judgment on the part of Mr. Campbell to have forwarded those outside of our office,” Como said.\u003c/p>\n\u003cp>\u003cstrong>Can the CPUC Reform Itself?\u003c/strong>\u003c/p>\n\u003cp>In many ways, critics say, Gov. Brown and the CPUC continue to resist change -- in both the courtroom and the Capitol.\u003c/p>\n\u003cp>For example, the CPUC has \u003ca href=\"http://www.sfgate.com/news/article/Judge-Regulator-should-release-Brown-e-mails-on-6662443.php\" target=\"_blank\">refused to release emails\u003c/a> concerning the role of commission president Picker and Brown in the deal to shut down San Onofre.\u003c/p>\n\u003cp>The bills vetoed by the governor would have addressed some of the problems raised in the aftermath of San Bruno and San Onofre, lawmakers and consumer advocates say. One would have made it easier for the public to challenge the CPUC in public records disputes, like the San Onofre case.\u003c/p>\n\u003cp>Another would have overhauled the rules around private conversations between CPUC officials and interested parties like utility officials, outlawing them in some cases and greatly expanding disclosures in others. Those changes were recommended in \u003ca href=\"https://www.opr.ca.gov/docs/Presentation_2_Strumwasser_Slides.pdf\" target=\"_blank\">a report commissioned by the CPUC\u003c/a>, which called the current rules “very unusual” and “unfair” and said they “fundamentally undermine record-based decision making.\" The report recommended eliminating these types of private meetings in some cases and expanding which ones are subject to disclosure in others.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.gov.ca.gov/docs/AB_825_Veto_Message.pdf\" target=\"_blank\">one veto message\u003c/a>, Brown wrote that he supports “the intent of these bills and many of their proposed reforms, however some additional work is needed to ensure that they achieve their intended purposes and can be effectively implemented.”\u003c/p>\n\u003cp>In \u003ca href=\"https://www.gov.ca.gov/docs/SB_660_Veto_Message.pdf\" target=\"_blank\">another\u003c/a>, he wrote that some of the bills were “unworkable” as written.\u003c/p>\n\u003cp>“Some prudent prioritization is needed,” Brown stated. “I am directing my office to work with the authors on drafting these reforms and to ensure the commission receives the necessary resources to implement them swiftly and effectively.”\u003c/p>\n\u003cp>Lawmakers and advocates say they are watching closely to see what Brown does in 2016.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Investigators Find 'Culture of Racism,' Abuse at High Desert State Prison",
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"content": "\u003cp>Guards at an isolated state prison have created a “culture of racism,” engage in alarming use of force against inmates and have a code of silence encouraged by the union that represents most corrections officers, the California inspector general said Wednesday.\u003c/p>\n\u003cp>The scathing report calls for management and other changes at High Desert State Prison in the northeast corner of the state.\u003c/p>\n\u003cp>More broadly, the report finds rising violence statewide in special housing units designed to protect vulnerable inmates, including sex offenders, gang dropouts and prisoners with physical disabilities.\u003c/p>\n\u003cp>The months-long investigation was sparked by reports that some guards at the Susanville prison mistreated inmates with disabilities and set up sex offenders for assaults because of the nature of their crimes.\u003c/p>\n\u003cp>The investigation also found evidence of “a culture of racism and lack of acceptance of ethnic differences” among correctional officers, three-quarters of whom are white.\u003c/p>\n\u003caside class=\"pullquote alignright\">The investigation was sparked by reports that some guards mistreated inmates with disabilities and set up sex offenders for assaults.\u003c/aside>\n\u003cp>Inspector General Robert Barton said the California Correctional Peace Officers Association advised members not to cooperate and filed a lawsuit and collective bargaining grievance in a bid to hinder the investigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The union sent a letter last month to Gov. Jerry Brown and every state lawmaker in what Barton called “the latest strong-arm tactic” to obstruct the investigation and discredit the inspector general before the report was released.\u003c/p>\n\u003cp>Union President Chuck Alexander and spokeswoman Nichol Gomez-Pryde did not immediately respond to calls and emails seeking comment.\u003c/p>\n\u003cp>The report came more than a decade after the Department of Corrections and Rehabilitation tried to stamp out a culture in which prison guards protect one another when they witness wrongdoing.\u003c/p>\n\u003cp>It says some problems at the High Desert facility evolved because the prison is so isolated — it’s about 90 miles northwest of Reno, Nevada.\u003c/p>\n\u003cp>Susanville has fewer than 16,000 people, and High Desert and the neighboring California Correctional Center are its largest employers. Workers form tight-knit social groups known as “cars” that can foster a code of silence and make it difficult to report wrongdoing, the inspector general said.\u003c/p>\n\u003cp>[contextly_sidebar id=”jlf0S3nW1HZ771j79AhHeH24NsvUgJR3″]\u003c/p>\n\u003cp>He found that the prison’s nearly 3,500 inmates won’t report abuse because they fear word will spread among employees and lead to retaliation.\u003c/p>\n\u003cp>The “staff complaint process is broken,” with few employee complaints investigated, the report states.\u003c/p>\n\u003cp>“This dangerous staff misconduct has been tolerated for too long,” Rebekah Evenson, an attorney with the nonprofit Prison Law Office who represents inmates, said in a statement. “The culture of abuse at High Desert endangers prisoners and the prison staff.”\u003c/p>\n\u003cp>She called for the department to create a strong external monitor to oversee reforms.\u003c/p>\n\u003cp>Corrections Secretary Jeffrey Beard, who is retiring later this month, said the department has already taken steps involving employee training, management changes and investigations of alleged wrongdoing.\u003c/p>\n\u003cp>“We do not tolerate staff misconduct of any kind,” Beard said in a statement.\u003c/p>\n\u003cp>The inspector general’s report also recommends changes statewide to make it tougher for employees to learn what crime an inmate committed.\u003c/p>\n\u003cp>Guards can now use an electronic state database to easily see which inmates have an “R” coding that designates a sex offender. Some spread that information, knowing sex offenders are often marked for retribution because of the nature of their crimes, the inspector general found.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also called for an overhaul of special housing units designed to protect the most vulnerable inmates as the department combats a wave of violence and gang activity in what were supposed to be safe areas.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Guards at an isolated state prison have created a “culture of racism,” engage in alarming use of force against inmates and have a code of silence encouraged by the union that represents most corrections officers, the California inspector general said Wednesday.\u003c/p>\n\u003cp>The scathing report calls for management and other changes at High Desert State Prison in the northeast corner of the state.\u003c/p>\n\u003cp>More broadly, the report finds rising violence statewide in special housing units designed to protect vulnerable inmates, including sex offenders, gang dropouts and prisoners with physical disabilities.\u003c/p>\n\u003cp>The months-long investigation was sparked by reports that some guards at the Susanville prison mistreated inmates with disabilities and set up sex offenders for assaults because of the nature of their crimes.\u003c/p>\n\u003cp>The investigation also found evidence of “a culture of racism and lack of acceptance of ethnic differences” among correctional officers, three-quarters of whom are white.\u003c/p>\n\u003caside class=\"pullquote alignright\">The investigation was sparked by reports that some guards mistreated inmates with disabilities and set up sex offenders for assaults.\u003c/aside>\n\u003cp>Inspector General Robert Barton said the California Correctional Peace Officers Association advised members not to cooperate and filed a lawsuit and collective bargaining grievance in a bid to hinder the investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The union sent a letter last month to Gov. Jerry Brown and every state lawmaker in what Barton called “the latest strong-arm tactic” to obstruct the investigation and discredit the inspector general before the report was released.\u003c/p>\n\u003cp>Union President Chuck Alexander and spokeswoman Nichol Gomez-Pryde did not immediately respond to calls and emails seeking comment.\u003c/p>\n\u003cp>The report came more than a decade after the Department of Corrections and Rehabilitation tried to stamp out a culture in which prison guards protect one another when they witness wrongdoing.\u003c/p>\n\u003cp>It says some problems at the High Desert facility evolved because the prison is so isolated — it’s about 90 miles northwest of Reno, Nevada.\u003c/p>\n\u003cp>Susanville has fewer than 16,000 people, and High Desert and the neighboring California Correctional Center are its largest employers. Workers form tight-knit social groups known as “cars” that can foster a code of silence and make it difficult to report wrongdoing, the inspector general said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>He found that the prison’s nearly 3,500 inmates won’t report abuse because they fear word will spread among employees and lead to retaliation.\u003c/p>\n\u003cp>The “staff complaint process is broken,” with few employee complaints investigated, the report states.\u003c/p>\n\u003cp>“This dangerous staff misconduct has been tolerated for too long,” Rebekah Evenson, an attorney with the nonprofit Prison Law Office who represents inmates, said in a statement. “The culture of abuse at High Desert endangers prisoners and the prison staff.”\u003c/p>\n\u003cp>She called for the department to create a strong external monitor to oversee reforms.\u003c/p>\n\u003cp>Corrections Secretary Jeffrey Beard, who is retiring later this month, said the department has already taken steps involving employee training, management changes and investigations of alleged wrongdoing.\u003c/p>\n\u003cp>“We do not tolerate staff misconduct of any kind,” Beard said in a statement.\u003c/p>\n\u003cp>The inspector general’s report also recommends changes statewide to make it tougher for employees to learn what crime an inmate committed.\u003c/p>\n\u003cp>Guards can now use an electronic state database to easily see which inmates have an “R” coding that designates a sex offender. Some spread that information, knowing sex offenders are often marked for retribution because of the nature of their crimes, the inspector general found.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He also called for an overhaul of special housing units designed to protect the most vulnerable inmates as the department combats a wave of violence and gang activity in what were supposed to be safe areas.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Two S.F. Officers in Woods Shooting Have Faced Excessive Force Claims",
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"content": "\u003cp>Two of the officers identified by the San Francisco Police Department as being involved in the fatal \u003ca href=\"http://ww2.kqed.org/news/2015/12/02/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" target=\"_blank\">Dec. 2 shooting\u003c/a> of Mario Woods have faced federal lawsuits alleging excessive force, court documents show.\u003c/p>\n\u003cp>The two officers, Charles August and Nicholas Cuevas, are among five the Police Department says opened fire on Woods.\u003c/p>\n\u003cp>The five were part of a contingent of a dozen or more officers who confronted Woods, 26, near the corner of Third and Fitzgerald streets in the city's Bayview district. Police say Woods was a suspect in a stabbing several blocks away and was carrying a kitchen knife with an 8-inch blade when officers spotted him. Police say he refused to drop the weapon even after officers shot him with \"less-lethal\" beanbag rounds and pepper-sprayed him.\u003c/p>\n\u003cp>August and Cuevas, as well as Officers Winson Seto, Antonio Santos and Scott Phillips, opened fire after Woods, a neighborhood resident, walked toward August, who had stepped into his path in an apparent attempt to stop him.\u003c/p>\n\u003cp>August is among seven officers sued in federal court last year by a Bayview resident named David Lloyd, who says he suffered a broken ankle and other injuries in an encounter outside a neighborhood store. Lloyd's suit alleges a group of plainclothes officers who were engaged in making an arrest outside the store started harassing him and stopped him from getting his bicycle.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>From the lawsuit:\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">Video Evidence Appears to Contradict SFPD Account of Mario Woods Shooting\u003c/a>\u003c/h3>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"560\" height=\"315\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\nRead more about KQED's \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">slow-motion video analysis\u003c/a> that appears to show Woods moving his arm only after the first shots are audible.\u003c/p>\n\u003c/aside>\n\u003cblockquote>\u003cp>Then Officer Charles August (in uniform) arrived at the scene and began to push Mr. Lloyd ... Then within a minute, Defendant Charles AUGUST slammed Mr. Lloyd onto the ground. Mr. Lloyd hit his head on the ground and had his belly fully pressed against the ground. Immediately, five other police officers at the scene jumped on top of Mr. Lloyd and all police officers began to beat him by punching and kicking him while he was subdued on the ground.\u003c/p>\n\u003cp>Within 45 seconds, Defendant police officers had handcuffed Mr. Lloyd. Nevertheless, Defendant police officers continued to beat Mr. Lloyd relentlessly for almost four minutes after he had been handcuffed and neutralized as a potential threat.\u003c/p>\n\u003cp>As a result, Mr. Lloyd suffered a fractured left ankle, injured knee, injured back, and severe bruises and scratches throughout his body. ...\u003c/p>\n\u003cp>He was then taken to the police station and charged with resisting arrest.\u003c/p>\n\u003cp>All criminal charges against Mr. Lloyd were later dismissed by the District Attorney's office.\u003c/p>\u003c/blockquote>\n\u003cp>Lloyd has reached a settlement with the the San Francisco City Attorney's Office, but it has not yet been finalized. The city's Police Commission deliberated the case in closed session on Dec. 9, at the same meeting where they heard about four hours of public comment on the Mario Woods shooting.\u003c/p>\n\u003cp>August was awarded the Police Department's bronze Medal of Valor in 2011, the \u003ca href=\"http://www.sfweekly.com/thesnitch/2015/12/14/what-we-know-so-far-about-the-sfpd-officers-who-shot-and-killed-mario-woods#more\" target=\"_blank\">SF Weekly reports\u003c/a>.\u003c/p>\n\u003cp>Cuevas faces a federal civil rights suit arising from a 2009 incident when he was an officer with the Antioch Police Department. Contra Costa County prosecutors say Cuevas opened fire on a car driven by Barry White Jr. after White tried to run him down.\u003c/p>\n\u003cp>White, who was charged with assault with a deadly weapon after the incident, wound up being shot in the head, ear and back. In a 2011 complaint filed against the city of Antioch, its Police Department and several officers, including Cuevas, White said the officer fired without provocation and without identifying himself. In fact, White alleged, Cuevas had \"tried to brutally murder three African-American men.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"caob8kPdEoTF0IwxrwhRxuPTWcMIeLar\"]\u003c/p>\n\u003cp>From the lawsuit:\u003c/p>\n\u003cblockquote>\u003cp>The three men [including White] had their backs turned to the officer when he shot them through the rear driver's side window and rear windshield of Mr. White's vehicle. Mr. White sustained gunshot wounds to his head and ear.\u003c/p>\n\u003cp>The men managed to escape from the vehicle.\u003c/p>\n\u003cp>Officer Cuevas pursued the men. He shot Mr. White in the back and left him for dead in a pool of blood. Mr. Anderson narrowly escaped death when a bullet pierced the peak of his cap. Mr. Longsworth was shot in the back.\u003c/p>\n\u003cp>Mr. White was found by officers of the Antioch Police Department 90 minutes later in a pool of blood and transported to the John Muir Medical Center in Walnut Creek.\u003c/p>\n\u003cp>Mr. White suffered gunshot wounds to his head, ear, and back as a direct result of Officer Nicholas Cuevas' use of deadly force.\u003c/p>\u003c/blockquote>\n\u003cp>White is currently jailed in San Francisco, having been charged with two counts of murder in \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_23979103/antioch-barry-white-jr-s-road-double-murder\" target=\"_blank\">a harrowing 2013 gun and knife attack\u003c/a>.\u003c/p>\n\u003cp>White's federal civil rights lawsuit is on hold while his criminal charges are adjudicated.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Francisco did not respond to KQED's inquiries about the years of service for each of the officers involved in the Woods shooting. SF Weekly, citing the department, reports August has served for eight years, Seto and Santos for seven, Cuevas for four, and Phillips for 11 months.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two of the officers identified by the San Francisco Police Department as being involved in the fatal \u003ca href=\"http://ww2.kqed.org/news/2015/12/02/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" target=\"_blank\">Dec. 2 shooting\u003c/a> of Mario Woods have faced federal lawsuits alleging excessive force, court documents show.\u003c/p>\n\u003cp>The two officers, Charles August and Nicholas Cuevas, are among five the Police Department says opened fire on Woods.\u003c/p>\n\u003cp>The five were part of a contingent of a dozen or more officers who confronted Woods, 26, near the corner of Third and Fitzgerald streets in the city's Bayview district. Police say Woods was a suspect in a stabbing several blocks away and was carrying a kitchen knife with an 8-inch blade when officers spotted him. Police say he refused to drop the weapon even after officers shot him with \"less-lethal\" beanbag rounds and pepper-sprayed him.\u003c/p>\n\u003cp>August and Cuevas, as well as Officers Winson Seto, Antonio Santos and Scott Phillips, opened fire after Woods, a neighborhood resident, walked toward August, who had stepped into his path in an apparent attempt to stop him.\u003c/p>\n\u003cp>August is among seven officers sued in federal court last year by a Bayview resident named David Lloyd, who says he suffered a broken ankle and other injuries in an encounter outside a neighborhood store. Lloyd's suit alleges a group of plainclothes officers who were engaged in making an arrest outside the store started harassing him and stopped him from getting his bicycle.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>From the lawsuit:\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">Video Evidence Appears to Contradict SFPD Account of Mario Woods Shooting\u003c/a>\u003c/h3>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"560\" height=\"315\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\nRead more about KQED's \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">slow-motion video analysis\u003c/a> that appears to show Woods moving his arm only after the first shots are audible.\u003c/p>\n\u003c/aside>\n\u003cblockquote>\u003cp>Then Officer Charles August (in uniform) arrived at the scene and began to push Mr. Lloyd ... Then within a minute, Defendant Charles AUGUST slammed Mr. Lloyd onto the ground. Mr. Lloyd hit his head on the ground and had his belly fully pressed against the ground. Immediately, five other police officers at the scene jumped on top of Mr. Lloyd and all police officers began to beat him by punching and kicking him while he was subdued on the ground.\u003c/p>\n\u003cp>Within 45 seconds, Defendant police officers had handcuffed Mr. Lloyd. Nevertheless, Defendant police officers continued to beat Mr. Lloyd relentlessly for almost four minutes after he had been handcuffed and neutralized as a potential threat.\u003c/p>\n\u003cp>As a result, Mr. Lloyd suffered a fractured left ankle, injured knee, injured back, and severe bruises and scratches throughout his body. ...\u003c/p>\n\u003cp>He was then taken to the police station and charged with resisting arrest.\u003c/p>\n\u003cp>All criminal charges against Mr. Lloyd were later dismissed by the District Attorney's office.\u003c/p>\u003c/blockquote>\n\u003cp>Lloyd has reached a settlement with the the San Francisco City Attorney's Office, but it has not yet been finalized. The city's Police Commission deliberated the case in closed session on Dec. 9, at the same meeting where they heard about four hours of public comment on the Mario Woods shooting.\u003c/p>\n\u003cp>August was awarded the Police Department's bronze Medal of Valor in 2011, the \u003ca href=\"http://www.sfweekly.com/thesnitch/2015/12/14/what-we-know-so-far-about-the-sfpd-officers-who-shot-and-killed-mario-woods#more\" target=\"_blank\">SF Weekly reports\u003c/a>.\u003c/p>\n\u003cp>Cuevas faces a federal civil rights suit arising from a 2009 incident when he was an officer with the Antioch Police Department. Contra Costa County prosecutors say Cuevas opened fire on a car driven by Barry White Jr. after White tried to run him down.\u003c/p>\n\u003cp>White, who was charged with assault with a deadly weapon after the incident, wound up being shot in the head, ear and back. In a 2011 complaint filed against the city of Antioch, its Police Department and several officers, including Cuevas, White said the officer fired without provocation and without identifying himself. In fact, White alleged, Cuevas had \"tried to brutally murder three African-American men.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>From the lawsuit:\u003c/p>\n\u003cblockquote>\u003cp>The three men [including White] had their backs turned to the officer when he shot them through the rear driver's side window and rear windshield of Mr. White's vehicle. Mr. White sustained gunshot wounds to his head and ear.\u003c/p>\n\u003cp>The men managed to escape from the vehicle.\u003c/p>\n\u003cp>Officer Cuevas pursued the men. He shot Mr. White in the back and left him for dead in a pool of blood. Mr. Anderson narrowly escaped death when a bullet pierced the peak of his cap. Mr. Longsworth was shot in the back.\u003c/p>\n\u003cp>Mr. White was found by officers of the Antioch Police Department 90 minutes later in a pool of blood and transported to the John Muir Medical Center in Walnut Creek.\u003c/p>\n\u003cp>Mr. White suffered gunshot wounds to his head, ear, and back as a direct result of Officer Nicholas Cuevas' use of deadly force.\u003c/p>\u003c/blockquote>\n\u003cp>White is currently jailed in San Francisco, having been charged with two counts of murder in \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_23979103/antioch-barry-white-jr-s-road-double-murder\" target=\"_blank\">a harrowing 2013 gun and knife attack\u003c/a>.\u003c/p>\n\u003cp>White's federal civil rights lawsuit is on hold while his criminal charges are adjudicated.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Francisco did not respond to KQED's inquiries about the years of service for each of the officers involved in the Woods shooting. SF Weekly, citing the department, reports August has served for eight years, Seto and Santos for seven, Cuevas for four, and Phillips for 11 months.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "L.A. Sheriff: Deputies Kept Firing Because Man Still Had Gun",
"title": "L.A. Sheriff: Deputies Kept Firing Because Man Still Had Gun",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/HSB86yKxITw\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>LOS ANGELES -- The first 911 caller reported seeing a man walking down a street shooting a gun in the air. Authorities said they received five more similar calls from witnesses alarmed by what they saw.\u003c/p>\n\u003cp>A few minutes later, Los Angeles County sheriff's deputies shot the man to death.\u003c/p>\n\u003cp>Video captured the encounter Saturday in the South Los Angeles suburb of Lynwood, showing deputies continuing to fire at Nicholas Robertson, 28, after he fell and crawled on the pavement.\u003c/p>\n\u003cp>Investigators said two deputies fired 33 bullets at Robertson after he refused to drop the gun and walked across a busy street to a filling station where a family was pumping gas.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"When he collapsed, his arms were underneath him, and the gun was still in his hand. There was never a time when the weapon was not in his possession,\" homicide Capt. Steven Katz said Sunday in response to questions about why the deputies kept shooting the man after he fell.\u003c/p>\n\u003cp>Authorities released a close-up from security footage showing Robertson stretched out on the ground with a gun in his hand.\u003c/p>\n\u003cp>Robertson, who was black, was killed as police use of force draws increasing criticism after several deaths of black men by officers have been caught on video in California and throughout the nation.\u003c/p>\n\u003cp>Katz would not release the race of the officers, but said one had been working in the field for about a year and the other for about 18 months.\u003c/p>\n\u003cp>The deputies confronted Robertson as they investigated 911 calls from the witnesses, who said a man was walking down a residential street and then through a busy commercial area holding a weapon and acting strangely.\u003c/p>\n\u003cp>Witnesses told authorities that Robertson fired six to seven rounds and briefly went into a car wash and a pizza parlor before deputies arrived.\u003c/p>\n\u003cp>The deputies spotted him in front of a gas station, where two women and three children were inside a car, and ordered him to drop the gun, Katz said. Robertson refused and at one point pointed the gun in the deputies' direction, Katz added.\u003c/p>\n\u003cp>He said the gun was not loaded but that detectives found two live rounds \"in his grasp.\" The gun was not registered to Robertson and has not been reported stolen. Detectives are trying to track it, Katz said.\u003c/p>\n\u003cp>Robertson may have been in a dispute with his spouse at home before he went out on the street, but authorities have yet to verify that report, Katz said.\u003c/p>\n\u003cp>Robertson's wife told the Los Angeles Times that her mother-in-law had called her shortly before the shooting to say Nicholas Robertson was under the influence of alcohol. Nekesha Robertson said she was on her way to get him and had stopped at the same gas station to buy milk before the shooting.\u003c/p>\n\u003cp>Nekesha Robertson said her husband was a stay-at-home father devoted to the couple's 7-year-old daughter and 6-year-old twins — a boy and a girl — and was not a criminal.\u003c/p>\n\u003cp>\"Anytime you see him, you see him with the kids,\" she said. \"He'd take them to and from school. Help them with homework. He's a daddy — that's his job. He didn't do nothing else.\"\u003c/p>\n\u003cp>Other family members said the shooting was not justified and that Robertson may not have heard the deputies' command to drop the gun.\u003c/p>\n\u003cp>\"This man never turned at you and looked at you or pointed the gun at you. Nothing,\" said Nekesha Robertson's cousin, Monica Reddix. \"What they did yesterday was ... point-blank murder.\"\u003c/p>\n\u003cp>Los Angeles County Sheriff Jim McDonnell promised the investigation into Robertson's death would be handled \"with the utmost professionalism and integrity,\" and urged anyone with information to come forward.\u003c/p>\n\u003cp>\"There's gonna be criticism anytime there's a deputy-involved shooting. We've seen that in the last two years or so, the sentiment across America has been critical,\" McDonnell said. \"That's why we ... try to be as transparent as we can with the information that we can share.\"\u003c/p>\n\u003cp>Robertson's death came the same month that five San Francisco officers shot and killed Mario Woods, 26, after they say he refused commands to drop an 8-inch knife. Police were responding to a stabbing report Dec. 2 when they encountered Woods. Several bystanders filmed the shooting, and their videos circulated online widely.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press reporters David R. Martin and Olga Rodriguez contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"When he collapsed, his arms were underneath him, and the gun was still in his hand. There was never a time when the weapon was not in his possession,\" homicide Capt. Steven Katz said Sunday in response to questions about why the deputies kept shooting the man after he fell.\u003c/p>\n\u003cp>Authorities released a close-up from security footage showing Robertson stretched out on the ground with a gun in his hand.\u003c/p>\n\u003cp>Robertson, who was black, was killed as police use of force draws increasing criticism after several deaths of black men by officers have been caught on video in California and throughout the nation.\u003c/p>\n\u003cp>Katz would not release the race of the officers, but said one had been working in the field for about a year and the other for about 18 months.\u003c/p>\n\u003cp>The deputies confronted Robertson as they investigated 911 calls from the witnesses, who said a man was walking down a residential street and then through a busy commercial area holding a weapon and acting strangely.\u003c/p>\n\u003cp>Witnesses told authorities that Robertson fired six to seven rounds and briefly went into a car wash and a pizza parlor before deputies arrived.\u003c/p>\n\u003cp>The deputies spotted him in front of a gas station, where two women and three children were inside a car, and ordered him to drop the gun, Katz said. Robertson refused and at one point pointed the gun in the deputies' direction, Katz added.\u003c/p>\n\u003cp>He said the gun was not loaded but that detectives found two live rounds \"in his grasp.\" The gun was not registered to Robertson and has not been reported stolen. Detectives are trying to track it, Katz said.\u003c/p>\n\u003cp>Robertson may have been in a dispute with his spouse at home before he went out on the street, but authorities have yet to verify that report, Katz said.\u003c/p>\n\u003cp>Robertson's wife told the Los Angeles Times that her mother-in-law had called her shortly before the shooting to say Nicholas Robertson was under the influence of alcohol. Nekesha Robertson said she was on her way to get him and had stopped at the same gas station to buy milk before the shooting.\u003c/p>\n\u003cp>Nekesha Robertson said her husband was a stay-at-home father devoted to the couple's 7-year-old daughter and 6-year-old twins — a boy and a girl — and was not a criminal.\u003c/p>\n\u003cp>\"Anytime you see him, you see him with the kids,\" she said. \"He'd take them to and from school. Help them with homework. He's a daddy — that's his job. He didn't do nothing else.\"\u003c/p>\n\u003cp>Other family members said the shooting was not justified and that Robertson may not have heard the deputies' command to drop the gun.\u003c/p>\n\u003cp>\"This man never turned at you and looked at you or pointed the gun at you. Nothing,\" said Nekesha Robertson's cousin, Monica Reddix. \"What they did yesterday was ... point-blank murder.\"\u003c/p>\n\u003cp>Los Angeles County Sheriff Jim McDonnell promised the investigation into Robertson's death would be handled \"with the utmost professionalism and integrity,\" and urged anyone with information to come forward.\u003c/p>\n\u003cp>\"There's gonna be criticism anytime there's a deputy-involved shooting. We've seen that in the last two years or so, the sentiment across America has been critical,\" McDonnell said. \"That's why we ... try to be as transparent as we can with the information that we can share.\"\u003c/p>\n\u003cp>Robertson's death came the same month that five San Francisco officers shot and killed Mario Woods, 26, after they say he refused commands to drop an 8-inch knife. Police were responding to a stabbing report Dec. 2 when they encountered Woods. Several bystanders filmed the shooting, and their videos circulated online widely.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press reporters David R. Martin and Olga Rodriguez contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Right now, 746 inmates await execution in California. We don’t often hear from those inmates, let alone see artwork they make in prison. But organizers of a \u003ca href=\"http://www.windowsondeathrow.com/\" target=\"_blank\">Los Angeles exhibition\u003c/a> of art made by death row inmates from across the country say they hope to reveal the humanity of those people whose lives hang in the balance.\u003c/p>\n\u003cp>On July 16, 2014, U.S. District Judge Cormac J. Carney ruled that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment because it is arbitrary and plagued with delays. But that decision was overturned on Nov. 12, 2015, on technical grounds, which means executions could potentially move forward. The last execution in the state was in 2006.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/237170725″ 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>\u003ca href=\"http://www.windowsondeathrow.com/incarceratedart/#/kevin-cooper/\" target=\"_blank\">Kevin Cooper\u003c/a> has been on death row in San Quentin State Prison for 30 years. He’s on a short list of at least 17 death row inmates who have exhausted their appeals and would be the first to be put to death if executions resume in California. He spends much of his day in his cell.\u003c/p>\n\u003cp>“I live in a cage that is 4½ feet wide by 11 feet long,” Cooper says. “And everything that I do within this cage I do mostly to stay sane. But I have a TV, a typewriter, my art supplies and my books.”\u003c/p>\n\u003cfigure id=\"attachment_10790891\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-10790891 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers.jpg\" alt=\"\" width=\"1920\" height=\"1206\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-400x251.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-800x503.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-768x482.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-1440x905.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-1180x741.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-960x603.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">San Quentin death row inmate Kevin Cooper (C), with ‘Windows on Death Row’ organizers Patrick Chappatte (L) and Anne Widmann. \u003ccite>(Courtesy Patrick Chappatte)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There’s a tray slot in the door where guards pass him his meals or a cellphone. In 1985, Cooper was convicted of murdering four people in the Chino Hills area of Southern California. \u003ca href=\"http://articles.latimes.com/2010/jan/03/local/la-me-kevincooper3-2010jan03\" target=\"_blank\">His case is controversial\u003c/a>. People have marched to have him executed, while others have protested to demand his release. He has always maintained his innocence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In 2004, Cooper was scheduled to be executed. Less than four hours before he was set to receive a lethal injection, it was postponed to allow for more DNA testing, which still failed to exonerate him. Still, he’s become a figurehead in the movement to abolish the death penalty.\u003c/p>\n\u003cp>[contextly_sidebar id=”kvfLbDPqPmuNxu24neZbunnXMlc6wn65″]\u003c/p>\n\u003cp>“I knew after I survived that stuff that my life wasn’t my own no more, that it belonged to this movement. And I’ve been involved in this movement for a very long time. And that is where I get my strength,” Cooper says.\u003c/p>\n\u003cp>Cooper is one of a couple dozen inmate artists represented in “\u003ca href=\"http://www.windowsondeathrow.com/\">Windows on Death Row\u003c/a>,” an exhibition at the University of Southern California. His acrylic paintings draw connections between slavery and prison labor. One, called “It’s a Generation Thing in America,” shows three black men — a grandfather, father and son — all wearing prison uniforms. Another piece, “Free Me,” shows a man cupping his hand to his mouth and shouting.\u003c/p>\n\u003cfigure id=\"attachment_10790938\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-10790938\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/CooperFreeMe.jpg\" alt=\"Kevin Cooper's "Free Me," part of the "Windows on Death Row" exhibition.\" width=\"1920\" height=\"2425\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-400x505.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-800x1010.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-768x970.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-1440x1819.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-1180x1490.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-960x1213.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Kevin Cooper’s “Free Me,” part of the “Windows on Death Row” exhibition. \u003ccite>(Courtesy Kevin Cooper/Windows on Death Row)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Sometimes when you’re in a place like this and you tell people certain things, it’s just like they don’t hear. You have to scream it,” Cooper says. “And sometimes when you scream, they still don’t hear you.”\u003c/p>\n\u003cp>“Windows on Death Row” was organized by a Swiss couple: Patrick Chappatte, a political cartoonist for the International New York Times, and TV journalist and documentary filmmaker Anne Widmann. Chappatte says they wanted to reveal the humanity of the inmates.\u003c/p>\n\u003cp>“And that’s what is a bit unsettling, might be unsettling for some viewers, because death row is a place, is a forgotten place where we put, as a society we put people that are seen as monsters, and we don’t pay attention to what’s going on there. And what you see through the art is actually, you see beauty, you see human emotions,” Chappatte said.\u003c/p>\n\u003cp>Over 70 framed drawings and paintings line the walls. Some of those include political cartoons submitted by Chappatte’s fellow cartoonists. All the pieces in the show are critical of capital punishment. Chappatte said he reached out to conservative cartoonists but they, too, were against capital punishment.\u003c/p>\n\u003cp>“One of the cartoonists says that he’s describing in one of his cartoons that he was for death penalty, then changed his mind. Another of the conservative cartoonists told me, ‘You know what, I’m pro-life all the way, so I’m anti-abortion and anti-death penalty,’ ” Chappatte recalls.\u003c/p>\n\u003cp>[gallery type=\"rectangular\" size=\"large\" ids=\"10790941,10790943\"]\u003c/p>\n\u003cp>The cartoonist who changed his mind about the death penalty is Jack Ohman, editorial cartoonist for the Sacramento Bee and president of the Association of American Editorial Cartoonists.\u003c/p>\n\u003cp>“I don’t want to be executing somebody who — even if they had committed the crime — I don’t think that sends the right signal. As a society, if you’re saying killing is wrong, killing is wrong. We shouldn’t be killing,” Ohman says.\u003c/p>\n\u003cp>Widmann says “Windows on Death Row” is not about taking sides between criminals and victims. She points out that the group “Murder Victims’ Families for Human Rights” is one of the show’s sponsors. But she does want visitors to think about how race and class factor into how likely defendants are to be sentenced to death.\u003c/p>\n\u003cp>“I mean, look at this system. It’s broken. I mean, how come terrible murderers are not on death row, and how come some are? How come some people have money to hire great lawyers, and how come others don’t?” Widmann says. “It has nothing to do with empathy with criminals, you see what I mean?”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Windows on Death Row” will travel to North Carolina and Ohio after it closes in Los Angeles on Dec. 18.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Right now, 746 inmates await execution in California. We don’t often hear from those inmates, let alone see artwork they make in prison. But organizers of a \u003ca href=\"http://www.windowsondeathrow.com/\" target=\"_blank\">Los Angeles exhibition\u003c/a> of art made by death row inmates from across the country say they hope to reveal the humanity of those people whose lives hang in the balance.\u003c/p>\n\u003cp>On July 16, 2014, U.S. District Judge Cormac J. Carney ruled that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment because it is arbitrary and plagued with delays. But that decision was overturned on Nov. 12, 2015, on technical grounds, which means executions could potentially move forward. The last execution in the state was in 2006.\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/237170725″&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/237170725″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.windowsondeathrow.com/incarceratedart/#/kevin-cooper/\" target=\"_blank\">Kevin Cooper\u003c/a> has been on death row in San Quentin State Prison for 30 years. He’s on a short list of at least 17 death row inmates who have exhausted their appeals and would be the first to be put to death if executions resume in California. He spends much of his day in his cell.\u003c/p>\n\u003cp>“I live in a cage that is 4½ feet wide by 11 feet long,” Cooper says. “And everything that I do within this cage I do mostly to stay sane. But I have a TV, a typewriter, my art supplies and my books.”\u003c/p>\n\u003cfigure id=\"attachment_10790891\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-10790891 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers.jpg\" alt=\"\" width=\"1920\" height=\"1206\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-400x251.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-800x503.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-768x482.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-1440x905.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-1180x741.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/KevinCooperWOrganizers-960x603.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">San Quentin death row inmate Kevin Cooper (C), with ‘Windows on Death Row’ organizers Patrick Chappatte (L) and Anne Widmann. \u003ccite>(Courtesy Patrick Chappatte)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There’s a tray slot in the door where guards pass him his meals or a cellphone. In 1985, Cooper was convicted of murdering four people in the Chino Hills area of Southern California. \u003ca href=\"http://articles.latimes.com/2010/jan/03/local/la-me-kevincooper3-2010jan03\" target=\"_blank\">His case is controversial\u003c/a>. People have marched to have him executed, while others have protested to demand his release. He has always maintained his innocence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In 2004, Cooper was scheduled to be executed. Less than four hours before he was set to receive a lethal injection, it was postponed to allow for more DNA testing, which still failed to exonerate him. Still, he’s become a figurehead in the movement to abolish the death penalty.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“I knew after I survived that stuff that my life wasn’t my own no more, that it belonged to this movement. And I’ve been involved in this movement for a very long time. And that is where I get my strength,” Cooper says.\u003c/p>\n\u003cp>Cooper is one of a couple dozen inmate artists represented in “\u003ca href=\"http://www.windowsondeathrow.com/\">Windows on Death Row\u003c/a>,” an exhibition at the University of Southern California. His acrylic paintings draw connections between slavery and prison labor. One, called “It’s a Generation Thing in America,” shows three black men — a grandfather, father and son — all wearing prison uniforms. Another piece, “Free Me,” shows a man cupping his hand to his mouth and shouting.\u003c/p>\n\u003cfigure id=\"attachment_10790938\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-10790938\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/CooperFreeMe.jpg\" alt=\"Kevin Cooper's "Free Me," part of the "Windows on Death Row" exhibition.\" width=\"1920\" height=\"2425\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-400x505.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-800x1010.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-768x970.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-1440x1819.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-1180x1490.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/12/CooperFreeMe-960x1213.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Kevin Cooper’s “Free Me,” part of the “Windows on Death Row” exhibition. \u003ccite>(Courtesy Kevin Cooper/Windows on Death Row)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Sometimes when you’re in a place like this and you tell people certain things, it’s just like they don’t hear. You have to scream it,” Cooper says. “And sometimes when you scream, they still don’t hear you.”\u003c/p>\n\u003cp>“Windows on Death Row” was organized by a Swiss couple: Patrick Chappatte, a political cartoonist for the International New York Times, and TV journalist and documentary filmmaker Anne Widmann. Chappatte says they wanted to reveal the humanity of the inmates.\u003c/p>\n\u003cp>“And that’s what is a bit unsettling, might be unsettling for some viewers, because death row is a place, is a forgotten place where we put, as a society we put people that are seen as monsters, and we don’t pay attention to what’s going on there. And what you see through the art is actually, you see beauty, you see human emotions,” Chappatte said.\u003c/p>\n\u003cp>Over 70 framed drawings and paintings line the walls. Some of those include political cartoons submitted by Chappatte’s fellow cartoonists. All the pieces in the show are critical of capital punishment. Chappatte said he reached out to conservative cartoonists but they, too, were against capital punishment.\u003c/p>\n\u003cp>“One of the cartoonists says that he’s describing in one of his cartoons that he was for death penalty, then changed his mind. Another of the conservative cartoonists told me, ‘You know what, I’m pro-life all the way, so I’m anti-abortion and anti-death penalty,’ ” Chappatte recalls.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The cartoonist who changed his mind about the death penalty is Jack Ohman, editorial cartoonist for the Sacramento Bee and president of the Association of American Editorial Cartoonists.\u003c/p>\n\u003cp>“I don’t want to be executing somebody who — even if they had committed the crime — I don’t think that sends the right signal. As a society, if you’re saying killing is wrong, killing is wrong. We shouldn’t be killing,” Ohman says.\u003c/p>\n\u003cp>Widmann says “Windows on Death Row” is not about taking sides between criminals and victims. She points out that the group “Murder Victims’ Families for Human Rights” is one of the show’s sponsors. But she does want visitors to think about how race and class factor into how likely defendants are to be sentenced to death.\u003c/p>\n\u003cp>“I mean, look at this system. It’s broken. I mean, how come terrible murderers are not on death row, and how come some are? How come some people have money to hire great lawyers, and how come others don’t?” Widmann says. “It has nothing to do with empathy with criminals, you see what I mean?”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Windows on Death Row” will travel to North Carolina and Ohio after it closes in Los Angeles on Dec. 18.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A federal judge on Friday ordered the Oakland Police Department to implement an expanded system of reviewing officer-involved shootings to ensure the department looks at how it might avoid using deadly force in such incidents.\u003c/p>\n\u003cp>U.S. District Court Judge Thelton Henderson issued a three-page order that rebuked department and city leaders for delays in implementing the expanded review process, which was first recommended by a court-appointed monitor in July.\u003c/p>\n\u003cp>Henderson oversees the settlement of a lawsuit arising from the Riders case, in which Oakland police officers were found to have abused suspects and violated their civil rights. Under the settlement agreement, the department is required to undertake an exhaustive series of reforms and must report on its progress to both a court-appointed monitor and compliance director.\u003c/p>\n\u003cp>In July, after the department's first fatal officer-involved shooting in more than two years, the monitor, Robert Warshaw, recommended that the department's review of such incidents be widened to look at \"whether the use of deadly force may have been avoided, and to identify tactics, strategies, and opportunities as events unfolded that may have avoided such an outcome.”\u003c/p>\n\u003cp>According to Henderson's Friday order, Warshaw's recommendation began a process in which Chief Sean Whent signed off on the expanded review concept, developed language for a new policy and, in November, conferred on the new policy with the Oakland Police Officers Association, the union representing rank-and-file members of the department. After that \"meet and confer\" process, Henderson wrote, Whent said the new policy would go into effect this week.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the judge says the department put the new policy on hold because the police union is insisting on further meetings. In his order, Henderson questioned whether those meetings were required under the union's contract, as the city has apparently suggested.\u003c/p>\n\u003cp>\"Even if the city was required to meet and confer, the union cannot unilaterally decide when the meet and confer process should be\u003cbr>\ndeemed complete,\" Henderson wrote.\u003c/p>\n\u003cp>Saying \"this process has gone on long enough,\" Henderson effectively ordered the Police Department to implement the new policy on Dec. 21 -- with or without the union's agreement.\u003c/p>\n\u003cp>Henderson noted that the negotiated settlement of the Riders case aims in part “to enhance the ability of the Oakland Police Department . . . to protect the lives, rights, dignity and property of the community it serves.”\u003c/p>\n\u003cp>\"The Court can think of nothing that goes more to the heart of protecting lives,\" Henderson wrote Friday, \"than a policy that requires the Department to consider whether loss of life could have been avoided.\"\u003c/p>\n\u003cp>The department did not immediately respond to a request for comment on Henderson's order. But in a statement quoted \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_29236709/judge-overseeing-oakland-police-reforms-orders-city-implement\" target=\"_blank\">by the Oakland Tribune\u003c/a>, Chief Whent said the department takes police shootings \"very seriously.\"\u003c/p>\n\u003cp>He continued: \"We have been working with the OPOA to memorialize our current practice into the policy and we expect that will be completed very soon. A meeting has already been scheduled with the OPOA to hopefully bring resolution to this issue.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oakland police have \u003ca href=\"http://ww2.kqed.org/news/2015/11/15/oakland-police-kill-man-they-say-brandished-replica-pistol\" target=\"_blank\">shot and killed six people\u003c/a>, all African-American men, since June. Four of those killings involved subjects police say had, or opened fire with, guns. One fatal shooting involved a man who brandished what turned out to be a replica pistol. In one case, an officer shot and killed a man who police say had struck her in the head with a bicycle chain.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge on Friday ordered the Oakland Police Department to implement an expanded system of reviewing officer-involved shootings to ensure the department looks at how it might avoid using deadly force in such incidents.\u003c/p>\n\u003cp>U.S. District Court Judge Thelton Henderson issued a three-page order that rebuked department and city leaders for delays in implementing the expanded review process, which was first recommended by a court-appointed monitor in July.\u003c/p>\n\u003cp>Henderson oversees the settlement of a lawsuit arising from the Riders case, in which Oakland police officers were found to have abused suspects and violated their civil rights. Under the settlement agreement, the department is required to undertake an exhaustive series of reforms and must report on its progress to both a court-appointed monitor and compliance director.\u003c/p>\n\u003cp>In July, after the department's first fatal officer-involved shooting in more than two years, the monitor, Robert Warshaw, recommended that the department's review of such incidents be widened to look at \"whether the use of deadly force may have been avoided, and to identify tactics, strategies, and opportunities as events unfolded that may have avoided such an outcome.”\u003c/p>\n\u003cp>According to Henderson's Friday order, Warshaw's recommendation began a process in which Chief Sean Whent signed off on the expanded review concept, developed language for a new policy and, in November, conferred on the new policy with the Oakland Police Officers Association, the union representing rank-and-file members of the department. After that \"meet and confer\" process, Henderson wrote, Whent said the new policy would go into effect this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the judge says the department put the new policy on hold because the police union is insisting on further meetings. In his order, Henderson questioned whether those meetings were required under the union's contract, as the city has apparently suggested.\u003c/p>\n\u003cp>\"Even if the city was required to meet and confer, the union cannot unilaterally decide when the meet and confer process should be\u003cbr>\ndeemed complete,\" Henderson wrote.\u003c/p>\n\u003cp>Saying \"this process has gone on long enough,\" Henderson effectively ordered the Police Department to implement the new policy on Dec. 21 -- with or without the union's agreement.\u003c/p>\n\u003cp>Henderson noted that the negotiated settlement of the Riders case aims in part “to enhance the ability of the Oakland Police Department . . . to protect the lives, rights, dignity and property of the community it serves.”\u003c/p>\n\u003cp>\"The Court can think of nothing that goes more to the heart of protecting lives,\" Henderson wrote Friday, \"than a policy that requires the Department to consider whether loss of life could have been avoided.\"\u003c/p>\n\u003cp>The department did not immediately respond to a request for comment on Henderson's order. But in a statement quoted \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_29236709/judge-overseeing-oakland-police-reforms-orders-city-implement\" target=\"_blank\">by the Oakland Tribune\u003c/a>, Chief Whent said the department takes police shootings \"very seriously.\"\u003c/p>\n\u003cp>He continued: \"We have been working with the OPOA to memorialize our current practice into the policy and we expect that will be completed very soon. A meeting has already been scheduled with the OPOA to hopefully bring resolution to this issue.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oakland police have \u003ca href=\"http://ww2.kqed.org/news/2015/11/15/oakland-police-kill-man-they-say-brandished-replica-pistol\" target=\"_blank\">shot and killed six people\u003c/a>, all African-American men, since June. Four of those killings involved subjects police say had, or opened fire with, guns. One fatal shooting involved a man who brandished what turned out to be a replica pistol. In one case, an officer shot and killed a man who police say had struck her in the head with a bicycle chain.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Coachella Valley Islamic Center Possibly 'Firebombed,' Mosque's Leader Says",
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"content": "\u003cp>COACHELLA — A Southern California mosque was damaged Friday in a fire reported to authorities as a possible arson.\u003c/p>\n\u003cp>Flames were reported just after noon at the Islamic Center of Palm Springs, according to the Riverside County Fire Department. The fire was contained to the small building's front lobby, and no one was injured. Its cause is under investigation.\u003c/p>\n\u003cp>People there described hearing a \"loud boom\" and seeing flames, said Reymundo Nour, the mosque's acting imam, who was not on the site at the time. He said the mosque had been \"firebombed.\"\u003c/p>\n\u003cp>A spokesman for the Riverside County Sheriff's Department declined to state whether the fire was being investigated as an arson or whether the mosque had been firebombed.\u003c/p>\n\u003cp>The FBI was assisting local law enforcement in determining the cause, agency spokeswoman Laura Eimiller said. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives also plans to help in the investigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>https://twitter.com/KESQ/status/675441068884819968\u003c/p>\n\u003cp>https://twitter.com/SanDiegoCP/status/675490773513592832\u003c/p>\n\u003cp>The mosque is about 75 miles from San Bernardino, where last week a couple who federal officials say were inspired by Islamist extremists killed 14 people. Some Muslims in Southern California and beyond have worried about the potential for reprisals, while leaders of various faiths have called for tolerance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The mosque was hit by gunfire in November 2014 in what authorities investigated as a possible hate crime. No one was injured in the early morning incident. That case remains under investigation, and no arrests have been made.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>COACHELLA — A Southern California mosque was damaged Friday in a fire reported to authorities as a possible arson.\u003c/p>\n\u003cp>Flames were reported just after noon at the Islamic Center of Palm Springs, according to the Riverside County Fire Department. The fire was contained to the small building's front lobby, and no one was injured. Its cause is under investigation.\u003c/p>\n\u003cp>People there described hearing a \"loud boom\" and seeing flames, said Reymundo Nour, the mosque's acting imam, who was not on the site at the time. He said the mosque had been \"firebombed.\"\u003c/p>\n\u003cp>A spokesman for the Riverside County Sheriff's Department declined to state whether the fire was being investigated as an arson or whether the mosque had been firebombed.\u003c/p>\n\u003cp>The FBI was assisting local law enforcement in determining the cause, agency spokeswoman Laura Eimiller said. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives also plans to help in the investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The mosque is about 75 miles from San Bernardino, where last week a couple who federal officials say were inspired by Islamist extremists killed 14 people. Some Muslims in Southern California and beyond have worried about the potential for reprisals, while leaders of various faiths have called for tolerance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The mosque was hit by gunfire in November 2014 in what authorities investigated as a possible hate crime. No one was injured in the early morning incident. That case remains under investigation, and no arrests have been made.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mario Woods' Mother Suing San Francisco Amid Calls for Police Chief's Resignation",
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"content": "\u003cp>\u003cstrong>Update 5:55 p.m. Friday, Dec. 11\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department has identified five officers involved in the shooting of Mario Woods Dec. 2. Their names are Winson Seto, Antonio Santos, Charles August, Nicholas Cuevas and Scott Phillips.\u003c/p>\n\u003cp>All five officers remain on administrative leave, according to SFPD Sgt. Michael Andraychak.\u003c/p>\n\u003cp>\u003cstrong>Original Post, Updated 5:40 p.m. Friday, Dec. 11\u003c/strong>:\u003c/p>\n\u003cp>Attorneys representing the mother of a 26-year-old Bayview man killed by several San Francisco \u003ca href=\"http://ww2.kqed.org/news/2015/12/02/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" target=\"_blank\">police officers last week\u003c/a> called the shooting of Mario Woods a \"public execution\" and \"shooting gallery\" while announcing a federal wrongful death and civil rights lawsuit against the city Friday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gwendolyn Woods, Mario Woods' mother, spoke briefly at the press conference where the lawsuit was announced. \u003c/p>\n\u003cp>\"He was the best to me,\" she said, struggling to speak while crying, \"and he redeemed himself. He did, and he was the best to me.\"\u003c/p>\n\u003caside class=\"alignright\">Previously Unpublished Video:\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"420\" height=\"315\" src=\"https://www.youtube.com/embed/ADr7I8m0HNA\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Woods was reportedly shot 21 times by five officers on Dec. 2 in San Francisco's Bayview District. Police say he was a suspect in a stabbing earlier that day and refused to drop a small knife when confronted by a line of officers. Police say officers shot Woods with \"less-lethal\" beanbag rounds and pepper-sprayed him before he was shot.\u003c/p>\n\u003cp>At least four bystander videos of the shooting have been posted online. Civil rights attorney John Burris unveiled the fourth Friday after referencing a \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED News analysis\u003c/a> of previously known videos that appeared to contradict Police Chief Greg Suhr's statements about the shooting.\u003c/p>\n\u003cp>Suhr said at a Dec. 4 town hall meeting on the shooting that Woods was holding a knife and raised his arm toward an officer before police opened fire.\u003c/p>\n\u003cp>\"KQED presented a video that’s been displayed, and in that video it’s pretty clear that the shots occurred before he in fact -- Mario -- raised his hand,\" Burris said, \"indicating that the statements given by the police chief were clearly bogus, and were designed clearly to cover for the officers.\"\u003c/p>\n\u003cp>Suhr has not responded to multiple KQED inquiries about the apparent contradiction, but Sgt. Michael Andraychak responded Friday evening.\u003c/p>\n\u003cp>\"Chief Suhr has been clear on this point and that in the Department's assessment of the video, when slowed down, it appears that Mr. Woods is extending his right arm as he moves forward and the officer moves backwards,\" Andraychak wrote in an emailed response. \"All evidence including videos, witness statements and items spoken to by Mr. Burris will be followed up on by investigators.\"\u003c/p>\n\u003cp>Burris said the chief's credibility has been called into question.\u003c/p>\n\u003cp>\"If you make false statements about an event that you know at the time that you made the statements were false, then of course you should resign,\" Burris said, echoing a growing call for Suhr to step down. \"You can’t trust things that he says and you certainly can entrust the integrity of any investigation that he is engaged in when there’s clear evidence that contradicts what he said.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">Video Evidence Appears to Contradict SFPD Account of Mario Woods Shooting\u003c/a>\u003c/h3>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"560\" height=\"315\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\nRead more about KQED's \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">slow-motion video analysis\u003c/a> that appears to show Woods moving his arm only after the first shots are audible.\u003c/p>\u003c/aside>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/mayor-lee-chief-suhr-for-study-of-new-nonlethal-weapons-including-tasers\" target=\"_blank\">said Monday\u003c/a> the department will deploy riot shields to officers, which could be used when confronting people carrying edged weapons. He also said firing range protocols have changed to emphasize alternatives to deadly force. The city's Police Commission \u003ca href=\"http://ww2.kqed.org/news/2015/12/10/hundreds-at-meeting-call-for-suhrs-ouster-after-fatal-police-shooting\" target=\"_blank\">began the process\u003c/a> Wednesday of reviewing the department's use-of-force policies and has promised big changes.\u003c/p>\n\u003cp>Attorneys also displayed photographs of Woods' body and said he appeared to have been shot at least 20 times.\u003c/p>\n\u003cp>\"That use of force has very real consequences,\" attorney Adante Pointer said, adding that Woods was \"tattooed from his feet to his head with bullets.\"\u003c/p>\n\u003cp>Burris said Woods does not appear to have a knife in his hand in any of the videos, and he's still seeking information about an alleged stabbing in which Woods was reportedly a suspect.\u003c/p>\n\u003cp>The latest sign of community anger over the killing was a demonstration Friday involving hundreds of middle school and high school students who marched on City Hall to demand Chief Suhr's dismissal. \u003c/p>\n\u003cp>The protest, followed by police officers and school district officials, briefly blocked parts of Mission Street and Market Street. \u003c/p>\n\u003cp>Marchers chanted, \"No justice, no peace! No racist police!\" and \"Hands up, don't shoot!\" as they walked peacefully to Union Square and back up Geary. \u003c/p>\n\u003cp>[scribd id=293049062 key=key-jHsrtp8croSzMakhRPQo mode=scroll]\u003c/p>\n\u003cp>\u003cem>This report was updated to include SFPD Sgt. Michael Andraychak's response and with information from a student-led demonstration and march to City Hall.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Amanda Font of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 5:55 p.m. Friday, Dec. 11\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department has identified five officers involved in the shooting of Mario Woods Dec. 2. Their names are Winson Seto, Antonio Santos, Charles August, Nicholas Cuevas and Scott Phillips.\u003c/p>\n\u003cp>All five officers remain on administrative leave, according to SFPD Sgt. Michael Andraychak.\u003c/p>\n\u003cp>\u003cstrong>Original Post, Updated 5:40 p.m. Friday, Dec. 11\u003c/strong>:\u003c/p>\n\u003cp>Attorneys representing the mother of a 26-year-old Bayview man killed by several San Francisco \u003ca href=\"http://ww2.kqed.org/news/2015/12/02/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" target=\"_blank\">police officers last week\u003c/a> called the shooting of Mario Woods a \"public execution\" and \"shooting gallery\" while announcing a federal wrongful death and civil rights lawsuit against the city Friday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gwendolyn Woods, Mario Woods' mother, spoke briefly at the press conference where the lawsuit was announced. \u003c/p>\n\u003cp>\"He was the best to me,\" she said, struggling to speak while crying, \"and he redeemed himself. He did, and he was the best to me.\"\u003c/p>\n\u003caside class=\"alignright\">Previously Unpublished Video:\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"420\" height=\"315\" src=\"https://www.youtube.com/embed/ADr7I8m0HNA\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Woods was reportedly shot 21 times by five officers on Dec. 2 in San Francisco's Bayview District. Police say he was a suspect in a stabbing earlier that day and refused to drop a small knife when confronted by a line of officers. Police say officers shot Woods with \"less-lethal\" beanbag rounds and pepper-sprayed him before he was shot.\u003c/p>\n\u003cp>At least four bystander videos of the shooting have been posted online. Civil rights attorney John Burris unveiled the fourth Friday after referencing a \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED News analysis\u003c/a> of previously known videos that appeared to contradict Police Chief Greg Suhr's statements about the shooting.\u003c/p>\n\u003cp>Suhr said at a Dec. 4 town hall meeting on the shooting that Woods was holding a knife and raised his arm toward an officer before police opened fire.\u003c/p>\n\u003cp>\"KQED presented a video that’s been displayed, and in that video it’s pretty clear that the shots occurred before he in fact -- Mario -- raised his hand,\" Burris said, \"indicating that the statements given by the police chief were clearly bogus, and were designed clearly to cover for the officers.\"\u003c/p>\n\u003cp>Suhr has not responded to multiple KQED inquiries about the apparent contradiction, but Sgt. Michael Andraychak responded Friday evening.\u003c/p>\n\u003cp>\"Chief Suhr has been clear on this point and that in the Department's assessment of the video, when slowed down, it appears that Mr. Woods is extending his right arm as he moves forward and the officer moves backwards,\" Andraychak wrote in an emailed response. \"All evidence including videos, witness statements and items spoken to by Mr. Burris will be followed up on by investigators.\"\u003c/p>\n\u003cp>Burris said the chief's credibility has been called into question.\u003c/p>\n\u003cp>\"If you make false statements about an event that you know at the time that you made the statements were false, then of course you should resign,\" Burris said, echoing a growing call for Suhr to step down. \"You can’t trust things that he says and you certainly can entrust the integrity of any investigation that he is engaged in when there’s clear evidence that contradicts what he said.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">Video Evidence Appears to Contradict SFPD Account of Mario Woods Shooting\u003c/a>\u003c/h3>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"560\" height=\"315\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\nRead more about KQED's \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">slow-motion video analysis\u003c/a> that appears to show Woods moving his arm only after the first shots are audible.\u003c/p>\u003c/aside>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/mayor-lee-chief-suhr-for-study-of-new-nonlethal-weapons-including-tasers\" target=\"_blank\">said Monday\u003c/a> the department will deploy riot shields to officers, which could be used when confronting people carrying edged weapons. He also said firing range protocols have changed to emphasize alternatives to deadly force. The city's Police Commission \u003ca href=\"http://ww2.kqed.org/news/2015/12/10/hundreds-at-meeting-call-for-suhrs-ouster-after-fatal-police-shooting\" target=\"_blank\">began the process\u003c/a> Wednesday of reviewing the department's use-of-force policies and has promised big changes.\u003c/p>\n\u003cp>Attorneys also displayed photographs of Woods' body and said he appeared to have been shot at least 20 times.\u003c/p>\n\u003cp>\"That use of force has very real consequences,\" attorney Adante Pointer said, adding that Woods was \"tattooed from his feet to his head with bullets.\"\u003c/p>\n\u003cp>Burris said Woods does not appear to have a knife in his hand in any of the videos, and he's still seeking information about an alleged stabbing in which Woods was reportedly a suspect.\u003c/p>\n\u003cp>The latest sign of community anger over the killing was a demonstration Friday involving hundreds of middle school and high school students who marched on City Hall to demand Chief Suhr's dismissal. \u003c/p>\n\u003cp>The protest, followed by police officers and school district officials, briefly blocked parts of Mission Street and Market Street. \u003c/p>\n\u003cp>Marchers chanted, \"No justice, no peace! No racist police!\" and \"Hands up, don't shoot!\" as they walked peacefully to Union Square and back up Geary. \u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/293049062/content?start_page=1&view_mode=&access_key=key-jHsrtp8croSzMakhRPQo\"\n title=\"http://www.scribd.com/doc/293049062\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_293049062\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/293049062\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include SFPD Sgt. Michael Andraychak's response and with information from a student-led demonstration and march to City Hall.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Amanda Font of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
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"order": 8
},
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},
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"order": 1
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
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"meta": {
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"source": "WNYC"
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"id": "fresh-air",
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"hidden-brain": {
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"hyphenacion": {
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"tagline": "Where conversation and cultura meet",
"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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"jerrybrown": {
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"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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"order": 18
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"title": "Latino USA",
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"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.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"source": "WaitWhat"
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"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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"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"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?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"region": {
"key": "Restaurant Region",
"filters": [
"Any Region"
]
},
"cuisine": {
"key": "Restaurant Cuisine",
"filters": [
"Any Cuisine"
]
}
},
"restaurantDataById": {},
"restaurantIdsSorted": [],
"error": null
},
"userAgentReducer": {
"userAgent": "Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)",
"isBot": true
},
"requestOutcomesReducer": {
"notFound": []
},
"navPromosReducer": {
"isFetching": false,
"fetchFailed": false,
"hasFetched": true,
"promos": {
"news": {
"name": "2026 Voter Guide",
"link": "/voterguide",
"imageURL": "https://cdn.kqed.org/wp-content/uploads/2026/10/Nav-News-Nov2026ElectionCoverage@2x-7bd4aad4.png",
"description": "Get informed in minutes with our Voter Guide for California’s November 3 election."
},
"podcasts-radio": {},
"video-tv": {},
"events": {},
"support": {}
}
}
}