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"content": "\u003cp>The national hysteria over \u003ca href=\"http://www.nytimes.com/2015/09/09/us/kim-davis-same-sex-marriage.html?_r=0\" target=\"_blank\">Kim Davis\u003c/a>, the Kentucky clerk who was jailed for refusing to grant marriage licenses to same-sex couples, has been, well, a godsend to late-night comedians.\u003c/p>\n\u003cp>It has also been an opportunity for one California comedy writer, who created the Twitter account \u003ca href=\"https://twitter.com/search?q=sit%20next%20to%20kim%20davis&src=tyah\" target=\"_blank\">@sitnexttokimdavis\u003c/a>. It was inspired by the photo of a slightly stunned co-worker sitting next to Davis. And the tweets are in her voice.\u003c/p>\n\u003cp>I reached out to the writer with a Twitter message and he responded right away. Then we talked by phone. He's a comedy writer in Los Angeles who asked that we use only his first name, Dave.\u003c/p>\n\u003cp>Dave said he started the account as a joke on a friend's Facebook page. It now has more than 91,000 followers. \"Five minutes after I created it, (gay columnist) Dan Savage called it his new favorite Twitter account -- and I haven't left my computer since.\"\u003c/p>\n\u003cp>The tweets are all in the voice of Davis' co-worker, seen in a photo of the office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"LOL MY BOSS IS IN JAIL RIGHT NOW,\" said one tweet.\u003c/p>\n\u003cp>\"We're going to hide the shredder. That will drive #KimDavis crazy when she gets here,\" said another, after Davis was released from jail Tuesday.\u003c/p>\n\u003cp>Dave said he \"absolutely\" supports gay marriage and notes that while he was growing up in Montgomery, Alabama, his grandparents were active in the civil rights movement.\u003c/p>\n\u003cp>\"They were also friends with Rosa Parks and, you know, to equate the two things (Davis refusing to give out marriage licenses to gay couples and Parks refusing to give up her seat on a bus) is shocking to me, and little offensive,\" said Dave.\u003c/p>\n\u003cp>I asked Dave what surprised him most since the account went live.\u003c/p>\n\u003cp>\"The thing that surprises me the most is how much more reaction I get when I mention a piece of office equipment,\" he said in all seriousness. \"Any tweet that refers to a Xerox machine or a chair, people really, really seem to enjoy.\"\u003c/p>\n\u003cp>In the end, Dave hopes to de-escalate the whole issue by keeping it all in perspective.\u003c/p>\n\u003cp>\"This is just one person, not a huge movement, not a huge war,\" Dave said. \"Just one person being kind of a jerk to everybody at her work.\"\u003c/p>\n\u003cp>Dave came to L.A. five years ago from Chicago, where he worked for the legendary \u003ca href=\"http://www.secondcity.com/\" target=\"_blank\">Second City\u003c/a> comedy club that launched the likes of Dan Aykroyd and Jim Belushi. Now he teaches comedy and improv classes.\u003c/p>\n\u003cp>He realizes this Twitter thing going viral could be a career opportunity for him. Still, he's waiting for advice from his agent before he reveals his full identity.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I'm not sure that's a good idea,\" he said. \"I don't want to put myself out on this in a way that's not safe for me.\"\u003c/p>\n\n",
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"content": "\u003cp>Legislators dealt at least a temporary blow on Tuesday to extending and expanding California's landmark climate change law, as they counted down the final hours of their 2015 session.\u003c/p>\n\u003cp>Tuesday's floor debates in the state Assembly and Senate saw action on several bills of note. Lawmakers are scheduled to adjourn for the year on Friday.\u003c/p>\n\u003cp>Led by a group of reluctant Democrats, the Assembly rejected \u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0001-0050/sb_32_cfa_20150904_170421_asm_floor.html\" target=\"_blank\">Senate Bill 32\u003c/a>, the effort by state Sen. Fran Pavley (D-Agoura Hills) to expand her landmark 2006 law.\u003c/p>\n\u003cp>The bill would mandate a cut in greenhouse gas levels of 40 percent below 1990 levels by 2030 and 80 percent by the year 2050. A group of Democrats and environmental justice groups \u003ca href=\"http://www.latimes.com/local/political/la-me-pc-pavley-climate-change-20150908-story.html\" target=\"_blank\">rallied at an event\u003c/a> in support of the bill Tuesday morning. But none of that convinced as many as a dozen Democratic Assembly members who did not vote for the bill later in the afternoon.\u003c/p>\n\u003cp>Pavley, in a written statement, said that the vote came \"while many members were not on the floor and before several had a chance to review the recent amendments.\" She vowed to bring it back up for another vote before the end of the week.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonetheless, the climate change bills -- including \u003ca href=\"http://focus.senate.ca.gov/sites/focus.senate.ca.gov/files/climate/505050.html\" target=\"_blank\">the bill to enhance renewable energy, energy efficiency and the use of electric vehicles\u003c/a> -- remain at the center of an intense social media campaign by everyone from activists to prominent actors. That marquee bill, Senate Bill 350, also made news on Tuesday, as reports suggest new life in long-rumored efforts to tone down its mandate to cut petroleum usage.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" lang=\"en\">\n\u003cp dir=\"ltr\" lang=\"en\">To protect the environment & air we breathe, we have to move forward w clean energy & sustainable solutions: \u003ca href=\"http://t.co/jeuT3Mc9Mg\">http://t.co/jeuT3Mc9Mg\u003c/a> \u003ca href=\"https://twitter.com/hashtag/SB350?src=hash\">#SB350\u003c/a>\u003c/p>\n\u003cp>— Leonardo DiCaprio (@LeoDiCaprio) \u003ca href=\"https://twitter.com/LeoDiCaprio/status/641358593854320640\">September 8, 2015\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Meanwhile, other big legislative efforts also seemed to be on the rocks. \u003ca href=\"https://twitter.com/adlerben/status/641344558207381504\" target=\"_blank\">A key Republican state senator expressed concerns about striking any quick deal on funding transportation\u003c/a>, just days after \u003ca href=\"http://ww2.kqed.org/news/2015/09/03/vehicle-fee-voter-approval-in-transportation-fix-mulled-in-sacramento\" target=\"_blank\">public sparring between the governor's team and GOP lawmakers\u003c/a>. And just last week, efforts on another big item -- health care financing through a new tax on managed care plans -- were dealt a setback when \u003ca href=\"http://www.californiahealthline.org/articles/2015/9/8/california-association-of-health-plans-opposes-two-tax-bills\" target=\"_blank\">a major HMO advocacy group officially voiced its opposition\u003c/a>.\u003c/p>\n\u003cp>Some of the notable bills that either went to the desk of Gov. Jerry Brown on Tuesday, cleared important hurdles or struggled:\u003c/p>\n\u003cp>\u003cstrong>Banning Confederate Names on Public Buildings\u003c/strong>: The state Senate gave final passage to \u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0501-0550/sb_539_bill_20150716_amended_asm_v93.htm\" target=\"_blank\">SB539\u003c/a>, a bill to outlaw existing or new government buildings and locations -- from schools to parks and beyond -- to be named in honor of a Confederate soldier. Inspired by the Charleston, South Carolina, murders in June, the bill would take effect on Jan. 1, 2017.\u003c/p>\n\u003cp>While some Republican legislators opposed the measure on the grounds that they said it rewrites history, bipartisan support carried it to the governor's desk.\u003c/p>\n\u003cp>\"This measure does nothing to change our history books,\" said its author, state Sen. Steve Glazer, D-Orinda. \"It simply says that if you were a Confederate leader, whose purpose was to break the Union into two to defend slavery, that you should not have a place of honor on public buildings in California.\"\u003c/p>\n\u003cp>Also Tuesday, the Assembly also unanimously approved \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AJR26\" target=\"_blank\">a resolution\u003c/a> encouraging the removal of Confederate flags and symbols from federal property.\u003c/p>\n\u003cp>\u003cstrong>Microbeads Ban\u003c/strong>: A ban on the tiny plastic beads in products like exfoliants was sent to the governor's desk after being resurrected via new amendments just last week.\u003c/p>\n\u003cp>\u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0851-0900/ab_888_cfa_20150904_100255_sen_floor.html\" target=\"_blank\">Assembly Bill 888\u003c/a> by Assemblyman Richard Bloom, D-Santa Monica, would ban the sale of personal care products that contain \"microbeads\" as of 2020. Fines for breaking the law could total $2,500 a day. The late changes to the bill exclude natural exfoliants from the ban.\u003c/p>\n\u003cp>\u003cstrong>Bill to Ban Warrantless Searches of Cellphones, Computers\u003c/strong>: State Sen. Mark Leno, D-San Francisco, has \u003ca href=\"http://ww2.kqed.org/news/2015/02/08/tech-industry-backs-new-california-digital-privacy-law/\" target=\"_blank\">tried for years\u003c/a> to pass a law that subjects searches of cellphones and other electronic devices to the same standards as snail mail -- and 2015 proved no different.\u003c/p>\n\u003cp>The Assembly passed Senate Bill 178 with a supermajority vote on Tuesday, but not without some last-minute drama. While many Republican lawmakers supported the bill, Assemblyman Jim Cooper -- a former sheriff's captain -- warned that it would make it easier for predators to prey on children. Cooper, D-Elk Grove, argued the bill \"\u003cspan style=\"font-weight: 400\">will limit law enforcement effectiveness at investigating and prosecuting sexual predators.\"\u003c/span>\u003c/p>\n\u003cp>Supporters, including GOP members, pushed back. Assemblyman Jay Obernolte, a Republican from Big Bear Lake who presented the bill on the Assembly floor, as well as Assembly GOP leader Kristin Olsen, R-Modesto, noted that many prominent law enforcement groups removed their opposition in recent days after Leno agreed to amend the bill to specifically address the child pornography issue.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Holding up his cellphone, Obernolte said, \"It's very clear that the information in this device falls under (the) Fourth Amendment ... but unfortunately, privacy laws in California have not caught up with technology.\"\u003c/span>\u003c/p>\n\u003cp>The Senate will take one more vote on the measure before it heads to Brown.\u003c/p>\n\u003cp>\u003cstrong>Government Contracts and Lobbying, Junkets\u003c/strong>: It was a big day for measures to strengthen ethics laws in the state.\u003c/p>\n\u003cp>Assembly Bill 1200, which would\u003ca href=\"http://ww2.kqed.org/news/2015/08/14/Bill-Lobbying-Laws-Local-Ordinances\" target=\"_blank\"> bring lobbying for state contracts under existing lobbying laws\u003c/a>, fell one vote short in the state Senate but will be granted a second chance, known as \"reconsideration,\" before the end of the week.\u003c/p>\n\u003cp>The bill would close a loophole in existing lobbying laws that exempts paid lobbying for public contracts from the same disclosure rules as lobbying for legislation or regulation. We \u003ca href=\"http://ww2.kqed.org/news/2015/08/13/240-million-education-contract-illustrates-state-lobbying-loopholes\" target=\"_blank\">took an in-depth look at the issue \u003c/a>this summer, finding that it's nearly impossible to find out who's working behind the scenes to secure billions of taxpayer dollars.\u003c/p>\n\u003cp>The Assembly also approved \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB21\" target=\"_blank\">Senate Bill 21\u003c/a>, which would expand disclosure requirements around junkets for elected officials. The bill would require a nonprofit organization that \"regularly organizes and hosts travel for elected officials\" to disclose the names of donors who both donated to the nonprofit\u003cspan class=\"blue_text\" style=\"color: blue\"> \u003c/span>and accompanied an elected official for any portion of the travel. The bill would require a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests.\u003c/p>\n\u003cp>But there's a catch: For SB21 to take effect, the Legislature must also approve -- and the governor must sign -- \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB10\" target=\"_blank\">Assembly Bill 10\u003c/a>. That measure originally would have expanded disclosure around behested payments -- when an elected official asks an individual or company to give money to charities on their behalf -- but was recently amended in the Senate to instead raise the dollar threshold for when a public official has to disclose sources of income.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>NOTE: This post has been modified to reflect that AB1200 stalled in the Senate. An earlier version said it had passed.\u003c/em>\u003c/p>\n\n",
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"excerpt": "State legislators reject a key climate change bill ... for now ... as the clock ticks toward adjournment.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Legislators dealt at least a temporary blow on Tuesday to extending and expanding California's landmark climate change law, as they counted down the final hours of their 2015 session.\u003c/p>\n\u003cp>Tuesday's floor debates in the state Assembly and Senate saw action on several bills of note. Lawmakers are scheduled to adjourn for the year on Friday.\u003c/p>\n\u003cp>Led by a group of reluctant Democrats, the Assembly rejected \u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0001-0050/sb_32_cfa_20150904_170421_asm_floor.html\" target=\"_blank\">Senate Bill 32\u003c/a>, the effort by state Sen. Fran Pavley (D-Agoura Hills) to expand her landmark 2006 law.\u003c/p>\n\u003cp>The bill would mandate a cut in greenhouse gas levels of 40 percent below 1990 levels by 2030 and 80 percent by the year 2050. A group of Democrats and environmental justice groups \u003ca href=\"http://www.latimes.com/local/political/la-me-pc-pavley-climate-change-20150908-story.html\" target=\"_blank\">rallied at an event\u003c/a> in support of the bill Tuesday morning. But none of that convinced as many as a dozen Democratic Assembly members who did not vote for the bill later in the afternoon.\u003c/p>\n\u003cp>Pavley, in a written statement, said that the vote came \"while many members were not on the floor and before several had a chance to review the recent amendments.\" She vowed to bring it back up for another vote before the end of the week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonetheless, the climate change bills -- including \u003ca href=\"http://focus.senate.ca.gov/sites/focus.senate.ca.gov/files/climate/505050.html\" target=\"_blank\">the bill to enhance renewable energy, energy efficiency and the use of electric vehicles\u003c/a> -- remain at the center of an intense social media campaign by everyone from activists to prominent actors. That marquee bill, Senate Bill 350, also made news on Tuesday, as reports suggest new life in long-rumored efforts to tone down its mandate to cut petroleum usage.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" lang=\"en\">\n\u003cp dir=\"ltr\" lang=\"en\">To protect the environment & air we breathe, we have to move forward w clean energy & sustainable solutions: \u003ca href=\"http://t.co/jeuT3Mc9Mg\">http://t.co/jeuT3Mc9Mg\u003c/a> \u003ca href=\"https://twitter.com/hashtag/SB350?src=hash\">#SB350\u003c/a>\u003c/p>\n\u003cp>— Leonardo DiCaprio (@LeoDiCaprio) \u003ca href=\"https://twitter.com/LeoDiCaprio/status/641358593854320640\">September 8, 2015\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Meanwhile, other big legislative efforts also seemed to be on the rocks. \u003ca href=\"https://twitter.com/adlerben/status/641344558207381504\" target=\"_blank\">A key Republican state senator expressed concerns about striking any quick deal on funding transportation\u003c/a>, just days after \u003ca href=\"http://ww2.kqed.org/news/2015/09/03/vehicle-fee-voter-approval-in-transportation-fix-mulled-in-sacramento\" target=\"_blank\">public sparring between the governor's team and GOP lawmakers\u003c/a>. And just last week, efforts on another big item -- health care financing through a new tax on managed care plans -- were dealt a setback when \u003ca href=\"http://www.californiahealthline.org/articles/2015/9/8/california-association-of-health-plans-opposes-two-tax-bills\" target=\"_blank\">a major HMO advocacy group officially voiced its opposition\u003c/a>.\u003c/p>\n\u003cp>Some of the notable bills that either went to the desk of Gov. Jerry Brown on Tuesday, cleared important hurdles or struggled:\u003c/p>\n\u003cp>\u003cstrong>Banning Confederate Names on Public Buildings\u003c/strong>: The state Senate gave final passage to \u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0501-0550/sb_539_bill_20150716_amended_asm_v93.htm\" target=\"_blank\">SB539\u003c/a>, a bill to outlaw existing or new government buildings and locations -- from schools to parks and beyond -- to be named in honor of a Confederate soldier. Inspired by the Charleston, South Carolina, murders in June, the bill would take effect on Jan. 1, 2017.\u003c/p>\n\u003cp>While some Republican legislators opposed the measure on the grounds that they said it rewrites history, bipartisan support carried it to the governor's desk.\u003c/p>\n\u003cp>\"This measure does nothing to change our history books,\" said its author, state Sen. Steve Glazer, D-Orinda. \"It simply says that if you were a Confederate leader, whose purpose was to break the Union into two to defend slavery, that you should not have a place of honor on public buildings in California.\"\u003c/p>\n\u003cp>Also Tuesday, the Assembly also unanimously approved \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AJR26\" target=\"_blank\">a resolution\u003c/a> encouraging the removal of Confederate flags and symbols from federal property.\u003c/p>\n\u003cp>\u003cstrong>Microbeads Ban\u003c/strong>: A ban on the tiny plastic beads in products like exfoliants was sent to the governor's desk after being resurrected via new amendments just last week.\u003c/p>\n\u003cp>\u003ca href=\"http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0851-0900/ab_888_cfa_20150904_100255_sen_floor.html\" target=\"_blank\">Assembly Bill 888\u003c/a> by Assemblyman Richard Bloom, D-Santa Monica, would ban the sale of personal care products that contain \"microbeads\" as of 2020. Fines for breaking the law could total $2,500 a day. The late changes to the bill exclude natural exfoliants from the ban.\u003c/p>\n\u003cp>\u003cstrong>Bill to Ban Warrantless Searches of Cellphones, Computers\u003c/strong>: State Sen. Mark Leno, D-San Francisco, has \u003ca href=\"http://ww2.kqed.org/news/2015/02/08/tech-industry-backs-new-california-digital-privacy-law/\" target=\"_blank\">tried for years\u003c/a> to pass a law that subjects searches of cellphones and other electronic devices to the same standards as snail mail -- and 2015 proved no different.\u003c/p>\n\u003cp>The Assembly passed Senate Bill 178 with a supermajority vote on Tuesday, but not without some last-minute drama. While many Republican lawmakers supported the bill, Assemblyman Jim Cooper -- a former sheriff's captain -- warned that it would make it easier for predators to prey on children. Cooper, D-Elk Grove, argued the bill \"\u003cspan style=\"font-weight: 400\">will limit law enforcement effectiveness at investigating and prosecuting sexual predators.\"\u003c/span>\u003c/p>\n\u003cp>Supporters, including GOP members, pushed back. Assemblyman Jay Obernolte, a Republican from Big Bear Lake who presented the bill on the Assembly floor, as well as Assembly GOP leader Kristin Olsen, R-Modesto, noted that many prominent law enforcement groups removed their opposition in recent days after Leno agreed to amend the bill to specifically address the child pornography issue.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Holding up his cellphone, Obernolte said, \"It's very clear that the information in this device falls under (the) Fourth Amendment ... but unfortunately, privacy laws in California have not caught up with technology.\"\u003c/span>\u003c/p>\n\u003cp>The Senate will take one more vote on the measure before it heads to Brown.\u003c/p>\n\u003cp>\u003cstrong>Government Contracts and Lobbying, Junkets\u003c/strong>: It was a big day for measures to strengthen ethics laws in the state.\u003c/p>\n\u003cp>Assembly Bill 1200, which would\u003ca href=\"http://ww2.kqed.org/news/2015/08/14/Bill-Lobbying-Laws-Local-Ordinances\" target=\"_blank\"> bring lobbying for state contracts under existing lobbying laws\u003c/a>, fell one vote short in the state Senate but will be granted a second chance, known as \"reconsideration,\" before the end of the week.\u003c/p>\n\u003cp>The bill would close a loophole in existing lobbying laws that exempts paid lobbying for public contracts from the same disclosure rules as lobbying for legislation or regulation. We \u003ca href=\"http://ww2.kqed.org/news/2015/08/13/240-million-education-contract-illustrates-state-lobbying-loopholes\" target=\"_blank\">took an in-depth look at the issue \u003c/a>this summer, finding that it's nearly impossible to find out who's working behind the scenes to secure billions of taxpayer dollars.\u003c/p>\n\u003cp>The Assembly also approved \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB21\" target=\"_blank\">Senate Bill 21\u003c/a>, which would expand disclosure requirements around junkets for elected officials. The bill would require a nonprofit organization that \"regularly organizes and hosts travel for elected officials\" to disclose the names of donors who both donated to the nonprofit\u003cspan class=\"blue_text\" style=\"color: blue\"> \u003c/span>and accompanied an elected official for any portion of the travel. The bill would require a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests.\u003c/p>\n\u003cp>But there's a catch: For SB21 to take effect, the Legislature must also approve -- and the governor must sign -- \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB10\" target=\"_blank\">Assembly Bill 10\u003c/a>. That measure originally would have expanded disclosure around behested payments -- when an elected official asks an individual or company to give money to charities on their behalf -- but was recently amended in the Senate to instead raise the dollar threshold for when a public official has to disclose sources of income.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>NOTE: This post has been modified to reflect that AB1200 stalled in the Senate. An earlier version said it had passed.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Five Years After Deadly San Bruno Explosion: Are We Safer?",
"title": "Five Years After Deadly San Bruno Explosion: Are We Safer?",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>ept. 9, 2010: a cool, breezy Thursday evening, not much different from most other weekday nights in San Bruno's Crestmoor neighborhood. Residents were arriving home, making dinner, hanging out with their families. Then, at the corner of Glenview Drive and Earl Avenue, came a blast so powerful that \u003ca href=\"http://audio.californiareport.org/archive/R201109021630/a\" target=\"_blank\">one resident said\u003c/a> it sucked all the air from her living room.\u003c/p>\n\u003cp>The fireball that soared into the sky at 6:11 p.m. instantly transformed the neighborhood into a scene of chaos, with people dashing from their homes, first to see what happened, then to try to escape with their lives.\u003c/p>\n\u003cp>\"When you're in a dream and you try to run as fast as you can but feel like you're getting nowhere, like you're in quicksand -- that's how it felt,\" Earl Avenue resident Tammy Zapata said later.\u003c/p>\n\u003cp>In the 50 minutes before the explosion, technicians at the PG&E natural gas terminal in Milpitas and workers monitoring the company's pipeline network were dealing with a crisis.\u003c/p>\n\u003cp>An electrical failure at the terminal, which helps regulate the network, had triggered an uncommanded increase in pressure to Line 132, a 30-inch pipeline carrying natural gas from Milpitas to the Peninsula and up to San Francisco. Alarms started to sound, warning of dangerously high pressure.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The electrical problem had also knocked out sensors used to monitor the network. As the pressure surge continued for 10, 20, 30, then 40 minutes, staff in Milpitas and in two monitoring centers struggled to understand just how high the pressure inside the pipeline really was and how to bring it under control.\u003c/p>\n\u003cp>At 6:02 p.m., a worker in one of the monitoring centers said, \"We’ve got a major problem at Milpitas, and we’ve over-pressured the whole Peninsula.\"\u003c/p>\n\u003cfigure id=\"attachment_10672179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut.jpg\">\u003cimg class=\"size-medium wp-image-10672179\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-800x533.jpg\" alt=\"The explosion was so powerful that a 3,000 pound steel pipe segment was found 100-feet from the rupture.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The remains of a gas line lie on the ground after the explosion. One section of steel pipe weighing 3,000 pounds was found 100 feet from the blast. \u003ccite>(Eric Risberg-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As the surge continued, a section of Line 132 that ran beneath the Crestmoor neighborhood began to come apart. PG&E records showed that section of pipe was seamless. In fact, investigators later found, it was a badly welded collection of pipe segments installed in 1956.\u003c/p>\n\u003cp>When the pipeline finally gave way at 6:11 p.m., the gas it was carrying fueled an explosion that left a 72-foot-long crater and hurled a 3,000-pound segment of pipeline 100 feet through the air.\u003c/p>\n\u003cp>The blast was just the opening act. Firefighters, paramedics and police rushed to the scene as residents fled. But with no automatic shutoff valves on the pipeline, natural gas continued to roar from Line 132, feeding an inferno that kept emergency responders at bay and started to consume surrounding homes.\u003c/p>\n\u003cp>PG&E workers began to arrive. But confusion reigned amid reports that a plane had crashed or a gas station had blown up in the area. It took more than an hour before the utility was convinced the explosion had been caused by a pipeline rupture. It wasn't until 7:30 p.m. that three workers managed to manually close a set of valves, stem the flow of gas to the blaze and allow firefighters a chance to control it.\u003c/p>\n\u003cp>The explosion and fire killed eight people and injured 58 while destroying 38 homes and damaging 70 others. The community is still recovering from the trauma.\u003c/p>\n\u003cp>The disaster and all the subsequent investigations and disclosures prompt the question: Are Californians safer from a pipeline disaster now than the day Line 132 blew up in San Bruno?\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>hock waves from the San Bruno disaster shook the foundations of PG&E and the California Public Utilities Commission, the state agency charged with regulating the company.\u003c/p>\n\u003cp>The blast exposed the utility's haphazard system of record keeping for its tens of thousands of miles of gas pipelines and its sometimes shoddy construction and inspection practices. The catastrophe prompted questions about whether the company was actually carrying out pipeline safety improvements that ratepayers had been charged for.\u003c/p>\n\u003cp>“This was not an accident,\" says state Sen. Jerry Hill, who represents San Bruno. \"It was based on circumstances where you have a utility that diverted hundreds of millions of dollars from safety, from maintenance, from testing and from service.\"\u003c/p>\n\u003cp>The tragedy eventually led to disclosure of the close ties between PG&E's top executives and the officials in charge of the CPUC, a relationship that led to numerous back-channel discussions, including about the San Bruno blast and how the company and agency should respond to it.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Californians should be vitally concerned about the extent to which that behavior has compromised safety across our state.'\u003ccite>Connie Jackson\u003cbr>\nSan Bruno city manager\u003c/cite>\u003c/aside>\n\u003cp>“Really the most shocking part of this is the extent to which the [CPUC] was complicit in the negligence that led to the disaster here in San Bruno,” says San Bruno City Manager Connie Jackson. “You had the leadership of the California Public Utilities Commission essentially in bed with the utility. Dining, drinking, vacationing -- and making deals behind the scenes. Californians should be vitally concerned about the extent to which that behavior has compromised safety across our state.”\u003c/p>\n\u003cp>PG&E faces hundreds of lawsuits arising from the explosion, as well as federal charges of criminal negligence. Earlier this year, the \u003ca href=\"http://ww2.kqed.org/news/2015/04/09/cpuc-approves-1-6-billion-fine-for-pge-over-san-bruno-disaster\" target=\"_blank\">CPUC fined the utility $1.6 billion\u003c/a> in connection with the disaster -- the largest penalty ever levied against a California utility.\u003c/p>\n\u003cp>Five years after the disaster, the company is still in the midst of the laborious process of ensuring its pipeline network is safe. The company was ordered to perform complex pressure tests or verify the integrity of \u003ca href=\"https://www.scribd.com/doc/279277014/National-Transportation-Safety-Board-Final-Report-on-San-Bruno-Pipeline-Explosion\" target=\"_blank\">1,800 miles\u003c/a> of transmission pipeline. So far, it has completed testing on 673 miles of the massive pipes.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">\"I\u003c/span> think we’re safer,” Michael Picker, the new president of the California Public Utilities Commission, told KQED News in an interview. “I don’t think we’re safe enough to satisfy me.”\u003c/p>\n\u003cp>In August, the CPUC approved Picker’s proposal to launch a new investigation into PG&E’s corporate culture, to determine whether the utility is living up to its promise to put safety above all else.\u003c/p>\n\u003cp>“We have fined them about as much as we can fine them,” Picker says. “So what else do we need to do?” The pending investigation, he adds, seeks to explore whether there is “real accountability at the top.\"\u003c/p>\n\u003cfigure id=\"attachment_10672117\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Picker-2.jpg\">\u003cimg class=\"wp-image-10672117 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Picker-2-800x573.jpg\" alt=\"California Public Utilities Commission President Michael Picker says that PG&E's "unevenness" concerns him.\" width=\"800\" height=\"573\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-400x287.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-1440x1032.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-1180x846.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-960x688.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Public Utilities Commission President Michael Picker says that PG&E's 'unevenness' concerns him. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Danger has surfaced in other parts of PG&E’s natural gas distribution system since the San Bruno explosion.\u003c/p>\n\u003cp>In March 2014, for instance, \u003ca href=\"http://www.sfgate.com/news/article/PG-amp-E-Carmel-home-explosion-blamed-on-bad-5316064.php\" target=\"_blank\">a cottage blew up in Carmel\u003c/a> after a utility welding crew accidentally punctured a plastic pipe, triggering a gas leak that fueled a blaze ignited by a pilot light. Last April, a \u003ca href=\"http://ww2.kqed.org/news/2015/04/17/15-hurt-in-massive-fresno-gas-blast\" target=\"_blank\">PG&E pipeline blew up\u003c/a> in Fresno County at a sheriff's gun range, injuring a dozen people, including jail inmates and a contractor who had been working in the area. The company said the pipeline had been inspected just weeks before the blast.\u003c/p>\n\u003cp>PG&E says it welcomes the dialogue that the CPUC's newest inquiry will bring. In an interview with KQED, spokesman Donald Cutler defended the company’s progress (\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/pgestatement.pdf\" target=\"_blank\">Read PG&E's statement\u003c/a>).\u003c/p>\n\u003cp>“The cultural shift that took place at PG&E has been drastic,” he says. “In the past, there were other things that came first. But today, it’s about safety.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>ne of the major challenges in making the system safer is its age. Almost two-thirds of PG&E's transmission pipeline system –- the high-pressure backbone, which includes the segment that ruptured in San Bruno –- was installed before 1970. That's the first year federal law mandated that all new transmission lines undergo pressure testing to ensure their integrity.\u003c/p>\n\u003cp>“Metal deteriorates over time,” notes Steve Weissman, director of UC Berkeley’s \u003ca href=\"https://www.law.berkeley.edu/centers/clee/\" target=\"_blank\">Center for Law, Energy and the Environment\u003c/a> and a former CPUC administrative law judge. “It can rust. There can be places where plant roots have dislodged things. High temperatures can speed up the deterioration of welds.\"\u003c/p>\n\u003cp>With proper maintenance, however, steel pipelines can remain in service safely for a long time, says Glenn Stevick, CEO of \u003ca href=\"http://www.bearinc.com/\" target=\"_blank\">Berkeley Engineering and Research\u003c/a> and an expert in analyzing pipeline failures.\u003c/p>\n\u003cp>\"For the pipeline to be in a dangerous state — that takes a great deal of time, typically many decades,\" Stevick said.\u003c/p>\n\u003caside class=\"alignright\">\u003cstrong>More in this series\u003c/strong>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/09/08/how-san-bruno-families-remember-and-recover-from-disaster\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/famsquare.jpg\" alt=\"famsquare\" width=\"50\" height=\"50\" class=\"alignleft size-full wp-image-10674751\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/famsquare.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/famsquare-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2015/09/08/how-san-bruno-families-remember-and-recover-from-disaster\" target=\"_blank\">How San Bruno Families Remember, and Recover From Disaster\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\">\u003cimg class=\"alignleft size-full wp-image-10672188\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/10emails.jpg\" alt=\"10emails\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/10emails.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/10emails-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a> \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">10 Emails That Detail PG&E’s Cozy Relationship With Regulators\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/independent-study-condemns-system-of-communications-between-utilities-and-their-regulators\">\u003cimg class=\"alignleft size-full wp-image-10672190\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/cpuc.jpg\" alt=\"cpuc\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/cpuc.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/cpuc-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/independent-study-condemns-system-of-communications-between-utilities-and-their-regulators\" target=\"_blank\">Study Condemns System of Communications Between Utilities and Their Regulators\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/07/14/bill-would-block-pge-from-deducting-115-million-of-san-bruno-fine\">\u003cimg class=\"alignleft size-full wp-image-10672189\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/bill.jpg\" alt=\"bill\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/bill.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/bill-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003ca href=\"http://ww2.kqed.org/news/2015/07/14/bill-would-block-pge-from-deducting-115-million-of-san-bruno-fine\" target=\"_blank\">Bill Blocking PG&E From Deducting $115 Million of San Bruno Fine Fails\u003c/a>\u003c/p>\u003c/aside>\n\u003cp>But it's hard to see when a pipeline buried underground is deteriorating and becoming prone to failure. One way to know is through hydrostatic testing -- a process in which pipeline sections are filled with water at high pressure to detect cracks and other flaws. But when federal regulations went into effect, thousands of miles of transmission pipeline -- including Line 132 under San Bruno -- were grandfathered into operation without testing.\u003c/p>\n\u003cp>If any line in the whole state needed hydrostatic testing, the later investigations suggest, it was that one.\u003c/p>\n\u003cp>The pipeline segment that failed in San Bruno was poorly built when it was pieced together in 1956, with a poorly welded joint containing a visible crack that PG&E's quality control failed to detect. With Line 132 carrying gas at high pressure, the crack grew year after year until it was ready to fail. The pipeline was never pressure tested.\u003c/p>\n\u003cp>\"If they had hydrotested that pipe initially, it would have ruptured during the hydrotest when it's full of water,\" says Stevick, who was asked by the state to investigate the Line 132 rupture. \"We know this from basic calculations. The size of that crack was already in there at the time the pipe was made because they forgot the weld on the inside.\"\u003c/p>\n\u003cp>Soon after the 2010 pipeline explosion, a glaring problem came to light: PG&E didn’t have the records to identify with any certainty what exactly it had running underground. As the National Transportation Safety Board noted in its \u003ca href=\"https://www.scribd.com/doc/279277014/National-Transportation-Safety-Board-Final-Report-on-San-Bruno-Pipeline-Explosion\" target=\"_blank\">final report\u003c/a>, the company's records indicated that the segment of pipeline that failed was seamless.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hroughout the system, the question arose: What other information was missing? Or wrong?\u003c/p>\n\u003cp>\"The older the pipes are, the less likely you are to have really good information about what you have out there,” UC Berkeley's Weissman says.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'God knows what is underground.'\u003ccite>Brian Cherry,\u003cbr>\nFormer PG&E executive\u003c/cite>\u003c/aside>\n\u003cp>Two days after the San Bruno pipeline explosion, CPUC Executive Director Paul Clanon \u003ca href=\"https://www.scribd.com/doc/279279752/PG-E-and-CPUC-Emails-God-Knows-What-Is-Underground\" target=\"_blank\">emailed\u003c/a> Brian Cherry, then PG&E’s vice president of regulatory affairs: “I’m not sure how confident I am that PG&E knows enough detail about every pipe segment,” Clanon wrote, referring to a request federal investigators had made for records demonstrating the integrity of the utility’s underground gas-pipeline network. “Do your people actually have the data?”\u003c/p>\n\u003cp>Cherry responded by sharing his “gut reaction.”\u003c/p>\n\u003cp>“God knows what is underground,” he wrote.\u003c/p>\n\u003cp>In the months that followed, the utility began tracking down pipeline records from decades past. PG&E staff collected documents from more than 46 offices. It took about 1,500 employees five days to sort through 100,000 boxes at the Cow Palace in Daly City.\u003c/p>\n\u003cp>Elizaveta Malashenko, the CPUC's recently named Safety and Enforcement Division director, described the scene:\u003c/p>\n\u003cp>“People just going through hundreds of thousands of documents of paper, and then scanning them and then putting them into a database. Then they did analysis of what they found, and said, 'OK, here’s where we think we’re good, we have the records for it. Here’s where we think we have issues.' \"\u003c/p>\n\u003cp>Malashenko says much more is known about PG&E’s system today, but the project of pinning down all the data continues.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>ne of the eight people killed in the pipeline disaster was Jacqueline Greig, who worked in the CPUC's consumer advocacy branch. Her daughter, an eighth-grader named Janessa who loved theater and was student body president at St. Cecilia School in San Francisco, was also killed.\u003c/p>\n\u003cp>The surviving Greig family members joined almost 500 plaintiffs in suing PG&E in the wake of the San Bruno explosion.\u003c/p>\n\u003cp>The Greig family managed to hold PG&E to unique terms in their settlement agreement, requiring the company to calculate a minimum safe life span for all pipes running beneath populated areas. It’s a small attempt to force PG&E to replace weak lines before they’re dangerous. But there’s an entire state agency tasked with ensuring that utilities like PG&E adhere to safe practices –- the CPUC.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cstrong>Court Cases In Wake of Deadly Blast\u003c/strong>\n\u003cp>Hundreds of plaintiffs have sued Pacific Gas and Electric Company in the wake of the September 2010 explosion. Here’s a selections of some of the legal claims that have surfaced in the aftermath.\u003c/p>\n\u003cp>\u003cstrong>Federal Charges\u003c/strong>\u003cbr>\nPG&E was indicted on 27 federal criminal counts for repeatedly violating the federal Pipeline Safety Act.The federal grand jury also charged PG&E with obstruction of justice; they found that the utility tried to mislead the National Transportation Safety Board about pipeline testing and the maintenance procedures it followed at the time of the explosion.\u003c/p>\n\u003cp>\u003cstrong>Wrongful Death Suits\u003c/strong>\u003cbr>\nIn August 2014, PG&E settled the last of the wrongful death suits. Families of victims who died in the blaze accused PG&E of negligence and “safety lapses” in the years leading up to the incident.\u003c/p>\n\u003cp>\u003cstrong>San Bruno\u003c/strong>\u003cbr>\nThe city of San Bruno sued the California Public Utilities Commission to obtain documents exposing \"cozy\" relationships between top regulators and PG&E, claiming the state agency wrongly denied the city access to documents.\u003c/p>\n\u003cp>\u003cstrong>Shareholders\u003c/strong>\u003cbr>\nIn a lawsuit, Millbrae resident and shareholder Hind Bou-Salman claimed that PG&E, not its shareholders, should pay for the damages in the San Bruno explosion.\u003c/p>\u003c/aside>\n\u003cp>“The regulators that we rely on to ensure that the utilities are doing their job appropriately and properly were not doing that,” Sen. Jerry Hill says. “They were pretty much in bed with the utilities, doing their bidding for them.”\u003c/p>\n\u003cp>Richard Clark was the director of CPUC’s safety and enforcement division when the San Bruno pipeline exploded. Now retired, Clark devotes more time to riding his Harley Davidson motorcycle and welding metal artwork in his home shop.\u003c/p>\n\u003cp>During an interview, he shows a picture of Jacqueline and Janessa Greig. He says he's still haunted by the deaths of his co-worker and her daughter.\u003c/p>\n\u003cp>Weeks after the disaster, Clark says he was preparing to testify about it before the U.S. Senate. But then something happened.\u003c/p>\n\u003cp>“Suddenly, on the runup to the hearing, I was replaced,” he explains. “I thought that was fairly curious.”\u003c/p>\n\u003cp>When a trove of \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">65,000 email records was released\u003c/a> in connection with San Bruno’s lawsuit against PG&E, it was revealed that Cherry had contacted Clark’s boss, Clanon, to say PG&E was concerned that Clark might \"blindside\" company executives who were also appearing at the hearing.\u003c/p>\n\u003cp>Clanon \u003ca href=\"https://www.scribd.com/doc/279280948/CPUC-and-PG-E-Emails-Who-Should-Testify-at-the-U-S-Senate\" target=\"_blank\">responded\u003c/a> to reassure Cherry: “We’re trying to get them to list me as ... the main witness.”\u003c/p>\n\u003cp>“Whew,” Cherry replied. “That should calm some nerves.”\u003c/p>\n\u003cp>Cherry was fired when his frequent behind-the-scenes contacts with the CPUC came to light. Clanon stepped down from his post of CPUC executive director last year, saying he planned to study jazz. Former commission president Michael Peevey — whose emails revealed, among other things, that he’d discussed commission business with Cherry “over two bottles of good pinot” at a vacation spot in Sonoma -- decided not to seek reappointment when his term ended at the end of 2014.\u003c/p>\n\u003cp>“I would be surprised if all the bad apples are gone,” Clark says. “I don’t think it’s an issue of bad apples, quite frankly.” Instead, he chalked it up to PG&E being “quite good at capturing its regulatory authority.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile he was safety director, Clark said he had repeatedly requested two changes to make his safety division more effective: more safety inspectors and the ability to track how utilities were spending their money. While PG&E conducts its own pipeline inspections, CPUC’s regulatory staff audits that work and conducts field inspections.\u003c/p>\n\u003cp>According to CPUC president Picker, PG&E had been making layoffs in its gas safety operations in the years leading up to the San Bruno explosion.\u003c/p>\n\u003cp>Meanwhile, eight inspectors in Clark’s division were responsible for overseeing more than 200,000 miles of gas transmission and distribution lines in California. As state Sen. Joe Simitian, D-Palo Alto, pointed out to Clanon in a May 2011 hearing, that was more than five times the national average per inspector.\u003c/p>\n\u003caside class=\"alignleft\">\u003cstrong>Listen to the stories\u003c/strong>\n\u003cp>\u003cstrong>Five Years After Deadly San Bruno Explosion: Are We Safer?\u003c/strong>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/222902703&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>How the San Bruno Explosion Changed the Political Culture of the CPUC\u003c/strong>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/223082305&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003c/aside>\n\u003cp>“You’ve had to assign staff to other duties, you’ve discovered that there’s a backlog and it’s gonna take a year to get people up to speed,” Simitian said, adding he thought more inspectors should be hired than the four Clanon requested. “Wouldn’t it make sense to get these folks on board?”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators#controlRoom\" target=\"_blank\">Emails also show\u003c/a> that PG&E misinterpreted federal pipeline safety rules in a way that likely contributed to the disaster.\u003c/p>\n\u003cp>In early 2011, \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">the San Francisco Chronicle reported\u003c/a> that PG&E had \"spiked\" pressure on Line 132 to its maximum allowable limit.\u003c/p>\n\u003cp>PG&E officials later told federal investigators they believed the periodic increases to the maximum allowable operating pressure (MAOP) of 400 pounds per square inch were necessary to show that its Peninsula pipelines, including Line 132, were sound. But under the Chronicle's questioning, PG&E offered a series of contradictory explanations for the increase in pressure.\u003c/p>\n\u003cp>When the newspaper's story appeared, Clanon wrote to Cherry expressing uncertainty about the federal safety requirements and asking whether it was standard practice in the industry \"to raise pressure up to MAOP ...?\"\u003c/p>\n\u003cp>The practice was not standard, nor was it required by any regulation. In fact, the NTSB found that PG&E was the only utility in the country that was spiking pressure.\u003c/p>\n\u003cp>Clark told the safety board that “artificially raising the pressure in a pipe that has identified integrity seam issues seems to be a wrong-headed approach to safety.”\u003c/p>\n\u003cp>Failure analyst Stevick says the pressure spikes \"almost certainly\" damaged the pipeline in San Bruno.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>t wasn’t until after Clark left that staffing was bulked up to the levels he’d requested. He sees the shift as a sign of progress. While Clark said it was rare for Peevey to sit down with him to discuss anything relating to safety, Malashenko described Picker as “very engaged. We meet with him on a regular basis.”\u003c/p>\n\u003cp>On the utility side, PG&E’s gas-safety department has many new faces in 2015. A couple years ago the utility opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real time and respond immediately to callers reporting the smell of gas.\u003c/p>\n\u003cfigure id=\"attachment_10672170\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Control-Room-1.jpg\">\u003cimg class=\"wp-image-10672170 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Control-Room-1-800x531.jpg\" alt=\"In 2013 PG&E opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real-time.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-960x638.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In 2013 PG&E opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real time. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Every control room employee must undergo extensive training in emergency-response protocols. In a simulation room, the slogan “Do the Right Thing!” is painted overhead in foot-high lettering.\u003c/p>\n\u003cp>PG&E has installed 208 automated valves that the utility can shut off remotely from the control room. And 14 automatic shutoff valves will kick in without human interference, for instance, if there’s a big earthquake. Now, it would take up to 20 minutes to shut off the gas, estimates Mel Christopher, director of gas operations.\u003c/p>\n\u003cp>Data, warnings and real-time maps scroll across a 90-foot video screen. Technicians monitor live feeds from Cal Fire, and watch as PG&E crews move throughout the state.\u003c/p>\n\u003cp>Out in the field, meanwhile, pipeline testing is underway.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>t's a scorching August day in Felton, just north of Santa Cruz, but a thick layer of ice coats pipes and hoses connected to a hulking piece of industrial equipment at a PG&E job site.\u003c/p>\n\u003cp>Austin Hastings, a lanky engineer clad in a PG&E hardhat and orange safety vest, gestures to a huge contraption mounted on a flatbed truck. It converts super-cooled natural gas from liquid to vapor. Nearby, enormous pill-shaped LNG tankers are lined up.\u003c/p>\n\u003cp>After the liquid has been vaporized and a chemical added to lend its distinctive odor, the natural gas will be slowly consumed as some 44,000 area residents use their stoves, hot water heaters and other appliances.\u003c/p>\n\u003cp>Hastings and his crew worked for almost a year to figure out how to provide gas to so many consumers while a work crew performs hydrostatic testing on 5½ miles of a transmission line running parallel to Highway 1.\u003c/p>\n\u003cp>Since the San Bruno explosion, the company has hydrostatically-tested 673 miles of its transmission pipelines -- which can now be certified as safe. The company has at least 1,500 more miles to test, according to \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/A0C200BA-53FA-4A55-931A-A81153EEA6FA/0/140718SEDPreliminaryReportonPGEGTSA1312012.pdf\" target=\"_blank\">documents\u003c/a> PG&E submitted to the CPUC to determine gas rates. In PG&E's \u003ca href=\"http://www.pge.com/includes/docs/pdfs/safety/systemworks/gas/GasSafetyPlan_2014.pdf\" target=\"_blank\">2014 safety report\u003c/a>, the utility estimates it will take 12 to 15 years to finish strength-testing its entire transmission system.\u003c/p>\n\u003cfigure id=\"attachment_10672171\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Hastings-6.jpg\">\u003cimg class=\"size-medium wp-image-10672171\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Hastings-6-800x531.jpg\" alt=\"Austin Hastings spent a year preparing for a hydrostatic test in Santa Cruz. His crew made sure that about 44,000 area residents would receive natural gas during the test.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-960x638.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Austin Hastings spent a year preparing for a hydrostatic test in Santa Cruz. His crew made sure that about 44,000 area residents would receive natural gas during the test. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This 1950s-era line near Santa Cruz is being tested because PG&E, under direction of federal investigators, has to test any pipeline that's still missing documentation.\u003c/p>\n\u003cp>It's just one method of assessing pipeline integrity. Operators also send gadgets known as \"smart pigs” through the line to check whether the pipe is riddled with leaks or has welding defects like the one that caused the San Bruno explosion. All told, the utility has \"pigged\" nearly 1,200 miles of transmission pipeline. It has also conducted external assessments on another 885 miles.\u003c/p>\n\u003cp>“We’re looking for anything that shouldn’t be there,” PG&E spokesman Cutler says. “A dent, issues of corrosion. We live in California – the earth moves here. And so sometimes things are not exactly where we put them in the first place.”\u003c/p>\n\u003cp>Asked whether the pipeline test in Santa Cruz would be happening if it hadn’t been for the San Bruno disaster, there’s a long pause before Hastings replies, “No.”\u003c/p>\n\u003cp>In the last five years, PG&E has spent hundreds of millions on physical pipeline upgrades and other additional gas-safety measures. But all of that work doesn’t come close to addressing its entire 6,700-mile transmission system, let alone the sweeping distribution network. There’s much more work to be done -- and PG&E customers will foot the bill.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>ob Bea, once dubbed the \"\u003ca href=\"http://www.mensjournal.com/magazine/bob-bea-the-master-of-disaster-20130225\" target=\"_blank\">the master of disaster\u003c/a>\" by GQ Magazine, is professor emeritus of civil engineering at UC Berkeley. He's been all over the world analyzing the causes of high-profile disasters, including the Exxon Valdez oil spill in Alaska and the New Orleans levee breaches in the wake of Hurricane Katrina. He also served as an expert witness for the San Bruno plaintiffs who have sued PG&E.\u003c/p>\n\u003cp>“PG&E had multiple opportunities during 55 years to properly detect, analyze and correct the defects,” he says, but failed to act.\u003c/p>\n\u003cp>He says utilities and government aren't doing enough to upgrade aging infrastructure.\u003c/p>\n\u003cfigure id=\"attachment_10672174\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Conniejackson.jpg\">\u003cimg class=\"wp-image-10672174 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Conniejackson-800x584.jpg\" alt=\"City Manager Connie Jackson says the city has a responsibility to hold PG&E and the CPUC accountable for the explosion. “This has been a profound moment for all of us to say ‘we really can make a difference and if we don’t, it would be worse.’”\" width=\"800\" height=\"584\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-800x584.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-1440x1052.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-1180x862.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-960x701.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City Manager Connie Jackson says the city has a responsibility to hold PG&E and the CPUC accountable for the explosion. 'This has been a profound moment for all of us to say: We really can make a difference and if we don’t, it would be worse.' \u003ccite>(Lisa Pickoff-White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The process of dealing with these infrastructure risks has become largely reactive,\" he says. \"If the Bay Bridge falls down, we build a new one. In other countries, they can't afford an infrastructure disaster. They have to be much more proactive.\"\u003c/p>\n\u003cp>As San Bruno residents mark another year, PG&E, regulators and California ratepayers still face a long road before the utility's natural gas pipeline system is fully tested and modernized. The company says the work will cost $12 billion and last more than a decade. The company's customers are likely to pay the lion's share — though just how much is a decision that rests with the CPUC.\u003c/p>\n\u003cp>Jackson, San Bruno’s city manager, still believes that stronger reforms are in order before the utility and its regulators are really functioning properly.\u003c/p>\n\u003cp>“It’s been five years,” she says. “And I think that we in San Bruno and throughout California should be able to expect tangible demonstration of real, true reform that allows us to see that our regulators are on it, that they’re proactively demanding accountability and holding themselves and the utilities responsible in a real strong and clear way. We’ve seen progress, but we’re not there yet.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Ericka Cruz Guevarra contributed to this report. Dan Brekke and Kat Snow edited.\u003c/em>\u003c/p>\n\n",
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"excerpt": "PG&E and its regulators have corrected some of the failures that led to the explosion, but the disaster exposed a pattern of systemic dysfunction they have yet to reform.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>ept. 9, 2010: a cool, breezy Thursday evening, not much different from most other weekday nights in San Bruno's Crestmoor neighborhood. Residents were arriving home, making dinner, hanging out with their families. Then, at the corner of Glenview Drive and Earl Avenue, came a blast so powerful that \u003ca href=\"http://audio.californiareport.org/archive/R201109021630/a\" target=\"_blank\">one resident said\u003c/a> it sucked all the air from her living room.\u003c/p>\n\u003cp>The fireball that soared into the sky at 6:11 p.m. instantly transformed the neighborhood into a scene of chaos, with people dashing from their homes, first to see what happened, then to try to escape with their lives.\u003c/p>\n\u003cp>\"When you're in a dream and you try to run as fast as you can but feel like you're getting nowhere, like you're in quicksand -- that's how it felt,\" Earl Avenue resident Tammy Zapata said later.\u003c/p>\n\u003cp>In the 50 minutes before the explosion, technicians at the PG&E natural gas terminal in Milpitas and workers monitoring the company's pipeline network were dealing with a crisis.\u003c/p>\n\u003cp>An electrical failure at the terminal, which helps regulate the network, had triggered an uncommanded increase in pressure to Line 132, a 30-inch pipeline carrying natural gas from Milpitas to the Peninsula and up to San Francisco. Alarms started to sound, warning of dangerously high pressure.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The electrical problem had also knocked out sensors used to monitor the network. As the pressure surge continued for 10, 20, 30, then 40 minutes, staff in Milpitas and in two monitoring centers struggled to understand just how high the pressure inside the pipeline really was and how to bring it under control.\u003c/p>\n\u003cp>At 6:02 p.m., a worker in one of the monitoring centers said, \"We’ve got a major problem at Milpitas, and we’ve over-pressured the whole Peninsula.\"\u003c/p>\n\u003cfigure id=\"attachment_10672179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut.jpg\">\u003cimg class=\"size-medium wp-image-10672179\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-800x533.jpg\" alt=\"The explosion was so powerful that a 3,000 pound steel pipe segment was found 100-feet from the rupture.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/RS16590_GettyImages-103982914-qut-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The remains of a gas line lie on the ground after the explosion. One section of steel pipe weighing 3,000 pounds was found 100 feet from the blast. \u003ccite>(Eric Risberg-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As the surge continued, a section of Line 132 that ran beneath the Crestmoor neighborhood began to come apart. PG&E records showed that section of pipe was seamless. In fact, investigators later found, it was a badly welded collection of pipe segments installed in 1956.\u003c/p>\n\u003cp>When the pipeline finally gave way at 6:11 p.m., the gas it was carrying fueled an explosion that left a 72-foot-long crater and hurled a 3,000-pound segment of pipeline 100 feet through the air.\u003c/p>\n\u003cp>The blast was just the opening act. Firefighters, paramedics and police rushed to the scene as residents fled. But with no automatic shutoff valves on the pipeline, natural gas continued to roar from Line 132, feeding an inferno that kept emergency responders at bay and started to consume surrounding homes.\u003c/p>\n\u003cp>PG&E workers began to arrive. But confusion reigned amid reports that a plane had crashed or a gas station had blown up in the area. It took more than an hour before the utility was convinced the explosion had been caused by a pipeline rupture. It wasn't until 7:30 p.m. that three workers managed to manually close a set of valves, stem the flow of gas to the blaze and allow firefighters a chance to control it.\u003c/p>\n\u003cp>The explosion and fire killed eight people and injured 58 while destroying 38 homes and damaging 70 others. The community is still recovering from the trauma.\u003c/p>\n\u003cp>The disaster and all the subsequent investigations and disclosures prompt the question: Are Californians safer from a pipeline disaster now than the day Line 132 blew up in San Bruno?\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>hock waves from the San Bruno disaster shook the foundations of PG&E and the California Public Utilities Commission, the state agency charged with regulating the company.\u003c/p>\n\u003cp>The blast exposed the utility's haphazard system of record keeping for its tens of thousands of miles of gas pipelines and its sometimes shoddy construction and inspection practices. The catastrophe prompted questions about whether the company was actually carrying out pipeline safety improvements that ratepayers had been charged for.\u003c/p>\n\u003cp>“This was not an accident,\" says state Sen. Jerry Hill, who represents San Bruno. \"It was based on circumstances where you have a utility that diverted hundreds of millions of dollars from safety, from maintenance, from testing and from service.\"\u003c/p>\n\u003cp>The tragedy eventually led to disclosure of the close ties between PG&E's top executives and the officials in charge of the CPUC, a relationship that led to numerous back-channel discussions, including about the San Bruno blast and how the company and agency should respond to it.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Californians should be vitally concerned about the extent to which that behavior has compromised safety across our state.'\u003ccite>Connie Jackson\u003cbr>\nSan Bruno city manager\u003c/cite>\u003c/aside>\n\u003cp>“Really the most shocking part of this is the extent to which the [CPUC] was complicit in the negligence that led to the disaster here in San Bruno,” says San Bruno City Manager Connie Jackson. “You had the leadership of the California Public Utilities Commission essentially in bed with the utility. Dining, drinking, vacationing -- and making deals behind the scenes. Californians should be vitally concerned about the extent to which that behavior has compromised safety across our state.”\u003c/p>\n\u003cp>PG&E faces hundreds of lawsuits arising from the explosion, as well as federal charges of criminal negligence. Earlier this year, the \u003ca href=\"http://ww2.kqed.org/news/2015/04/09/cpuc-approves-1-6-billion-fine-for-pge-over-san-bruno-disaster\" target=\"_blank\">CPUC fined the utility $1.6 billion\u003c/a> in connection with the disaster -- the largest penalty ever levied against a California utility.\u003c/p>\n\u003cp>Five years after the disaster, the company is still in the midst of the laborious process of ensuring its pipeline network is safe. The company was ordered to perform complex pressure tests or verify the integrity of \u003ca href=\"https://www.scribd.com/doc/279277014/National-Transportation-Safety-Board-Final-Report-on-San-Bruno-Pipeline-Explosion\" target=\"_blank\">1,800 miles\u003c/a> of transmission pipeline. So far, it has completed testing on 673 miles of the massive pipes.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">\"I\u003c/span> think we’re safer,” Michael Picker, the new president of the California Public Utilities Commission, told KQED News in an interview. “I don’t think we’re safe enough to satisfy me.”\u003c/p>\n\u003cp>In August, the CPUC approved Picker’s proposal to launch a new investigation into PG&E’s corporate culture, to determine whether the utility is living up to its promise to put safety above all else.\u003c/p>\n\u003cp>“We have fined them about as much as we can fine them,” Picker says. “So what else do we need to do?” The pending investigation, he adds, seeks to explore whether there is “real accountability at the top.\"\u003c/p>\n\u003cfigure id=\"attachment_10672117\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Picker-2.jpg\">\u003cimg class=\"wp-image-10672117 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Picker-2-800x573.jpg\" alt=\"California Public Utilities Commission President Michael Picker says that PG&E's "unevenness" concerns him.\" width=\"800\" height=\"573\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-400x287.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-1440x1032.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-1180x846.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Picker-2-960x688.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Public Utilities Commission President Michael Picker says that PG&E's 'unevenness' concerns him. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Danger has surfaced in other parts of PG&E’s natural gas distribution system since the San Bruno explosion.\u003c/p>\n\u003cp>In March 2014, for instance, \u003ca href=\"http://www.sfgate.com/news/article/PG-amp-E-Carmel-home-explosion-blamed-on-bad-5316064.php\" target=\"_blank\">a cottage blew up in Carmel\u003c/a> after a utility welding crew accidentally punctured a plastic pipe, triggering a gas leak that fueled a blaze ignited by a pilot light. Last April, a \u003ca href=\"http://ww2.kqed.org/news/2015/04/17/15-hurt-in-massive-fresno-gas-blast\" target=\"_blank\">PG&E pipeline blew up\u003c/a> in Fresno County at a sheriff's gun range, injuring a dozen people, including jail inmates and a contractor who had been working in the area. The company said the pipeline had been inspected just weeks before the blast.\u003c/p>\n\u003cp>PG&E says it welcomes the dialogue that the CPUC's newest inquiry will bring. In an interview with KQED, spokesman Donald Cutler defended the company’s progress (\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/pgestatement.pdf\" target=\"_blank\">Read PG&E's statement\u003c/a>).\u003c/p>\n\u003cp>“The cultural shift that took place at PG&E has been drastic,” he says. “In the past, there were other things that came first. But today, it’s about safety.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>ne of the major challenges in making the system safer is its age. Almost two-thirds of PG&E's transmission pipeline system –- the high-pressure backbone, which includes the segment that ruptured in San Bruno –- was installed before 1970. That's the first year federal law mandated that all new transmission lines undergo pressure testing to ensure their integrity.\u003c/p>\n\u003cp>“Metal deteriorates over time,” notes Steve Weissman, director of UC Berkeley’s \u003ca href=\"https://www.law.berkeley.edu/centers/clee/\" target=\"_blank\">Center for Law, Energy and the Environment\u003c/a> and a former CPUC administrative law judge. “It can rust. There can be places where plant roots have dislodged things. High temperatures can speed up the deterioration of welds.\"\u003c/p>\n\u003cp>With proper maintenance, however, steel pipelines can remain in service safely for a long time, says Glenn Stevick, CEO of \u003ca href=\"http://www.bearinc.com/\" target=\"_blank\">Berkeley Engineering and Research\u003c/a> and an expert in analyzing pipeline failures.\u003c/p>\n\u003cp>\"For the pipeline to be in a dangerous state — that takes a great deal of time, typically many decades,\" Stevick said.\u003c/p>\n\u003caside class=\"alignright\">\u003cstrong>More in this series\u003c/strong>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/09/08/how-san-bruno-families-remember-and-recover-from-disaster\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/famsquare.jpg\" alt=\"famsquare\" width=\"50\" height=\"50\" class=\"alignleft size-full wp-image-10674751\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/famsquare.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/famsquare-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2015/09/08/how-san-bruno-families-remember-and-recover-from-disaster\" target=\"_blank\">How San Bruno Families Remember, and Recover From Disaster\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\">\u003cimg class=\"alignleft size-full wp-image-10672188\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/10emails.jpg\" alt=\"10emails\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/10emails.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/10emails-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a> \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">10 Emails That Detail PG&E’s Cozy Relationship With Regulators\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/independent-study-condemns-system-of-communications-between-utilities-and-their-regulators\">\u003cimg class=\"alignleft size-full wp-image-10672190\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/cpuc.jpg\" alt=\"cpuc\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/cpuc.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/cpuc-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003ca href=\"http://ww2.kqed.org/news/2015/06/23/independent-study-condemns-system-of-communications-between-utilities-and-their-regulators\" target=\"_blank\">Study Condemns System of Communications Between Utilities and Their Regulators\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/07/14/bill-would-block-pge-from-deducting-115-million-of-san-bruno-fine\">\u003cimg class=\"alignleft size-full wp-image-10672189\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/bill.jpg\" alt=\"bill\" width=\"50\" height=\"50\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/bill.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/bill-32x32.jpg 32w\" sizes=\"(max-width: 50px) 100vw, 50px\">\u003c/a>\u003ca href=\"http://ww2.kqed.org/news/2015/07/14/bill-would-block-pge-from-deducting-115-million-of-san-bruno-fine\" target=\"_blank\">Bill Blocking PG&E From Deducting $115 Million of San Bruno Fine Fails\u003c/a>\u003c/p>\u003c/aside>\n\u003cp>But it's hard to see when a pipeline buried underground is deteriorating and becoming prone to failure. One way to know is through hydrostatic testing -- a process in which pipeline sections are filled with water at high pressure to detect cracks and other flaws. But when federal regulations went into effect, thousands of miles of transmission pipeline -- including Line 132 under San Bruno -- were grandfathered into operation without testing.\u003c/p>\n\u003cp>If any line in the whole state needed hydrostatic testing, the later investigations suggest, it was that one.\u003c/p>\n\u003cp>The pipeline segment that failed in San Bruno was poorly built when it was pieced together in 1956, with a poorly welded joint containing a visible crack that PG&E's quality control failed to detect. With Line 132 carrying gas at high pressure, the crack grew year after year until it was ready to fail. The pipeline was never pressure tested.\u003c/p>\n\u003cp>\"If they had hydrotested that pipe initially, it would have ruptured during the hydrotest when it's full of water,\" says Stevick, who was asked by the state to investigate the Line 132 rupture. \"We know this from basic calculations. The size of that crack was already in there at the time the pipe was made because they forgot the weld on the inside.\"\u003c/p>\n\u003cp>Soon after the 2010 pipeline explosion, a glaring problem came to light: PG&E didn’t have the records to identify with any certainty what exactly it had running underground. As the National Transportation Safety Board noted in its \u003ca href=\"https://www.scribd.com/doc/279277014/National-Transportation-Safety-Board-Final-Report-on-San-Bruno-Pipeline-Explosion\" target=\"_blank\">final report\u003c/a>, the company's records indicated that the segment of pipeline that failed was seamless.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hroughout the system, the question arose: What other information was missing? Or wrong?\u003c/p>\n\u003cp>\"The older the pipes are, the less likely you are to have really good information about what you have out there,” UC Berkeley's Weissman says.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'God knows what is underground.'\u003ccite>Brian Cherry,\u003cbr>\nFormer PG&E executive\u003c/cite>\u003c/aside>\n\u003cp>Two days after the San Bruno pipeline explosion, CPUC Executive Director Paul Clanon \u003ca href=\"https://www.scribd.com/doc/279279752/PG-E-and-CPUC-Emails-God-Knows-What-Is-Underground\" target=\"_blank\">emailed\u003c/a> Brian Cherry, then PG&E’s vice president of regulatory affairs: “I’m not sure how confident I am that PG&E knows enough detail about every pipe segment,” Clanon wrote, referring to a request federal investigators had made for records demonstrating the integrity of the utility’s underground gas-pipeline network. “Do your people actually have the data?”\u003c/p>\n\u003cp>Cherry responded by sharing his “gut reaction.”\u003c/p>\n\u003cp>“God knows what is underground,” he wrote.\u003c/p>\n\u003cp>In the months that followed, the utility began tracking down pipeline records from decades past. PG&E staff collected documents from more than 46 offices. It took about 1,500 employees five days to sort through 100,000 boxes at the Cow Palace in Daly City.\u003c/p>\n\u003cp>Elizaveta Malashenko, the CPUC's recently named Safety and Enforcement Division director, described the scene:\u003c/p>\n\u003cp>“People just going through hundreds of thousands of documents of paper, and then scanning them and then putting them into a database. Then they did analysis of what they found, and said, 'OK, here’s where we think we’re good, we have the records for it. Here’s where we think we have issues.' \"\u003c/p>\n\u003cp>Malashenko says much more is known about PG&E’s system today, but the project of pinning down all the data continues.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>ne of the eight people killed in the pipeline disaster was Jacqueline Greig, who worked in the CPUC's consumer advocacy branch. Her daughter, an eighth-grader named Janessa who loved theater and was student body president at St. Cecilia School in San Francisco, was also killed.\u003c/p>\n\u003cp>The surviving Greig family members joined almost 500 plaintiffs in suing PG&E in the wake of the San Bruno explosion.\u003c/p>\n\u003cp>The Greig family managed to hold PG&E to unique terms in their settlement agreement, requiring the company to calculate a minimum safe life span for all pipes running beneath populated areas. It’s a small attempt to force PG&E to replace weak lines before they’re dangerous. But there’s an entire state agency tasked with ensuring that utilities like PG&E adhere to safe practices –- the CPUC.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cstrong>Court Cases In Wake of Deadly Blast\u003c/strong>\n\u003cp>Hundreds of plaintiffs have sued Pacific Gas and Electric Company in the wake of the September 2010 explosion. Here’s a selections of some of the legal claims that have surfaced in the aftermath.\u003c/p>\n\u003cp>\u003cstrong>Federal Charges\u003c/strong>\u003cbr>\nPG&E was indicted on 27 federal criminal counts for repeatedly violating the federal Pipeline Safety Act.The federal grand jury also charged PG&E with obstruction of justice; they found that the utility tried to mislead the National Transportation Safety Board about pipeline testing and the maintenance procedures it followed at the time of the explosion.\u003c/p>\n\u003cp>\u003cstrong>Wrongful Death Suits\u003c/strong>\u003cbr>\nIn August 2014, PG&E settled the last of the wrongful death suits. Families of victims who died in the blaze accused PG&E of negligence and “safety lapses” in the years leading up to the incident.\u003c/p>\n\u003cp>\u003cstrong>San Bruno\u003c/strong>\u003cbr>\nThe city of San Bruno sued the California Public Utilities Commission to obtain documents exposing \"cozy\" relationships between top regulators and PG&E, claiming the state agency wrongly denied the city access to documents.\u003c/p>\n\u003cp>\u003cstrong>Shareholders\u003c/strong>\u003cbr>\nIn a lawsuit, Millbrae resident and shareholder Hind Bou-Salman claimed that PG&E, not its shareholders, should pay for the damages in the San Bruno explosion.\u003c/p>\u003c/aside>\n\u003cp>“The regulators that we rely on to ensure that the utilities are doing their job appropriately and properly were not doing that,” Sen. Jerry Hill says. “They were pretty much in bed with the utilities, doing their bidding for them.”\u003c/p>\n\u003cp>Richard Clark was the director of CPUC’s safety and enforcement division when the San Bruno pipeline exploded. Now retired, Clark devotes more time to riding his Harley Davidson motorcycle and welding metal artwork in his home shop.\u003c/p>\n\u003cp>During an interview, he shows a picture of Jacqueline and Janessa Greig. He says he's still haunted by the deaths of his co-worker and her daughter.\u003c/p>\n\u003cp>Weeks after the disaster, Clark says he was preparing to testify about it before the U.S. Senate. But then something happened.\u003c/p>\n\u003cp>“Suddenly, on the runup to the hearing, I was replaced,” he explains. “I thought that was fairly curious.”\u003c/p>\n\u003cp>When a trove of \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators\" target=\"_blank\">65,000 email records was released\u003c/a> in connection with San Bruno’s lawsuit against PG&E, it was revealed that Cherry had contacted Clark’s boss, Clanon, to say PG&E was concerned that Clark might \"blindside\" company executives who were also appearing at the hearing.\u003c/p>\n\u003cp>Clanon \u003ca href=\"https://www.scribd.com/doc/279280948/CPUC-and-PG-E-Emails-Who-Should-Testify-at-the-U-S-Senate\" target=\"_blank\">responded\u003c/a> to reassure Cherry: “We’re trying to get them to list me as ... the main witness.”\u003c/p>\n\u003cp>“Whew,” Cherry replied. “That should calm some nerves.”\u003c/p>\n\u003cp>Cherry was fired when his frequent behind-the-scenes contacts with the CPUC came to light. Clanon stepped down from his post of CPUC executive director last year, saying he planned to study jazz. Former commission president Michael Peevey — whose emails revealed, among other things, that he’d discussed commission business with Cherry “over two bottles of good pinot” at a vacation spot in Sonoma -- decided not to seek reappointment when his term ended at the end of 2014.\u003c/p>\n\u003cp>“I would be surprised if all the bad apples are gone,” Clark says. “I don’t think it’s an issue of bad apples, quite frankly.” Instead, he chalked it up to PG&E being “quite good at capturing its regulatory authority.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile he was safety director, Clark said he had repeatedly requested two changes to make his safety division more effective: more safety inspectors and the ability to track how utilities were spending their money. While PG&E conducts its own pipeline inspections, CPUC’s regulatory staff audits that work and conducts field inspections.\u003c/p>\n\u003cp>According to CPUC president Picker, PG&E had been making layoffs in its gas safety operations in the years leading up to the San Bruno explosion.\u003c/p>\n\u003cp>Meanwhile, eight inspectors in Clark’s division were responsible for overseeing more than 200,000 miles of gas transmission and distribution lines in California. As state Sen. Joe Simitian, D-Palo Alto, pointed out to Clanon in a May 2011 hearing, that was more than five times the national average per inspector.\u003c/p>\n\u003caside class=\"alignleft\">\u003cstrong>Listen to the stories\u003c/strong>\n\u003cp>\u003cstrong>Five Years After Deadly San Bruno Explosion: Are We Safer?\u003c/strong>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/222902703&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>How the San Bruno Explosion Changed the Political Culture of the CPUC\u003c/strong>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/223082305&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003c/aside>\n\u003cp>“You’ve had to assign staff to other duties, you’ve discovered that there’s a backlog and it’s gonna take a year to get people up to speed,” Simitian said, adding he thought more inspectors should be hired than the four Clanon requested. “Wouldn’t it make sense to get these folks on board?”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/06/19/10-emails-detail-pges-cozy-relationship-with-its-regulators#controlRoom\" target=\"_blank\">Emails also show\u003c/a> that PG&E misinterpreted federal pipeline safety rules in a way that likely contributed to the disaster.\u003c/p>\n\u003cp>In early 2011, \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">the San Francisco Chronicle reported\u003c/a> that PG&E had \"spiked\" pressure on Line 132 to its maximum allowable limit.\u003c/p>\n\u003cp>PG&E officials later told federal investigators they believed the periodic increases to the maximum allowable operating pressure (MAOP) of 400 pounds per square inch were necessary to show that its Peninsula pipelines, including Line 132, were sound. But under the Chronicle's questioning, PG&E offered a series of contradictory explanations for the increase in pressure.\u003c/p>\n\u003cp>When the newspaper's story appeared, Clanon wrote to Cherry expressing uncertainty about the federal safety requirements and asking whether it was standard practice in the industry \"to raise pressure up to MAOP ...?\"\u003c/p>\n\u003cp>The practice was not standard, nor was it required by any regulation. In fact, the NTSB found that PG&E was the only utility in the country that was spiking pressure.\u003c/p>\n\u003cp>Clark told the safety board that “artificially raising the pressure in a pipe that has identified integrity seam issues seems to be a wrong-headed approach to safety.”\u003c/p>\n\u003cp>Failure analyst Stevick says the pressure spikes \"almost certainly\" damaged the pipeline in San Bruno.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>t wasn’t until after Clark left that staffing was bulked up to the levels he’d requested. He sees the shift as a sign of progress. While Clark said it was rare for Peevey to sit down with him to discuss anything relating to safety, Malashenko described Picker as “very engaged. We meet with him on a regular basis.”\u003c/p>\n\u003cp>On the utility side, PG&E’s gas-safety department has many new faces in 2015. A couple years ago the utility opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real time and respond immediately to callers reporting the smell of gas.\u003c/p>\n\u003cfigure id=\"attachment_10672170\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Control-Room-1.jpg\">\u003cimg class=\"wp-image-10672170 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Control-Room-1-800x531.jpg\" alt=\"In 2013 PG&E opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real-time.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Control-Room-1-960x638.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In 2013 PG&E opened a $38 million control room facility in San Ramon. There, engineers monitor gas flow in real time. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Every control room employee must undergo extensive training in emergency-response protocols. In a simulation room, the slogan “Do the Right Thing!” is painted overhead in foot-high lettering.\u003c/p>\n\u003cp>PG&E has installed 208 automated valves that the utility can shut off remotely from the control room. And 14 automatic shutoff valves will kick in without human interference, for instance, if there’s a big earthquake. Now, it would take up to 20 minutes to shut off the gas, estimates Mel Christopher, director of gas operations.\u003c/p>\n\u003cp>Data, warnings and real-time maps scroll across a 90-foot video screen. Technicians monitor live feeds from Cal Fire, and watch as PG&E crews move throughout the state.\u003c/p>\n\u003cp>Out in the field, meanwhile, pipeline testing is underway.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>t's a scorching August day in Felton, just north of Santa Cruz, but a thick layer of ice coats pipes and hoses connected to a hulking piece of industrial equipment at a PG&E job site.\u003c/p>\n\u003cp>Austin Hastings, a lanky engineer clad in a PG&E hardhat and orange safety vest, gestures to a huge contraption mounted on a flatbed truck. It converts super-cooled natural gas from liquid to vapor. Nearby, enormous pill-shaped LNG tankers are lined up.\u003c/p>\n\u003cp>After the liquid has been vaporized and a chemical added to lend its distinctive odor, the natural gas will be slowly consumed as some 44,000 area residents use their stoves, hot water heaters and other appliances.\u003c/p>\n\u003cp>Hastings and his crew worked for almost a year to figure out how to provide gas to so many consumers while a work crew performs hydrostatic testing on 5½ miles of a transmission line running parallel to Highway 1.\u003c/p>\n\u003cp>Since the San Bruno explosion, the company has hydrostatically-tested 673 miles of its transmission pipelines -- which can now be certified as safe. The company has at least 1,500 more miles to test, according to \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/A0C200BA-53FA-4A55-931A-A81153EEA6FA/0/140718SEDPreliminaryReportonPGEGTSA1312012.pdf\" target=\"_blank\">documents\u003c/a> PG&E submitted to the CPUC to determine gas rates. In PG&E's \u003ca href=\"http://www.pge.com/includes/docs/pdfs/safety/systemworks/gas/GasSafetyPlan_2014.pdf\" target=\"_blank\">2014 safety report\u003c/a>, the utility estimates it will take 12 to 15 years to finish strength-testing its entire transmission system.\u003c/p>\n\u003cfigure id=\"attachment_10672171\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Hastings-6.jpg\">\u003cimg class=\"size-medium wp-image-10672171\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Hastings-6-800x531.jpg\" alt=\"Austin Hastings spent a year preparing for a hydrostatic test in Santa Cruz. His crew made sure that about 44,000 area residents would receive natural gas during the test.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Hastings-6-960x638.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Austin Hastings spent a year preparing for a hydrostatic test in Santa Cruz. His crew made sure that about 44,000 area residents would receive natural gas during the test. \u003ccite>(Rebecca Bowe/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This 1950s-era line near Santa Cruz is being tested because PG&E, under direction of federal investigators, has to test any pipeline that's still missing documentation.\u003c/p>\n\u003cp>It's just one method of assessing pipeline integrity. Operators also send gadgets known as \"smart pigs” through the line to check whether the pipe is riddled with leaks or has welding defects like the one that caused the San Bruno explosion. All told, the utility has \"pigged\" nearly 1,200 miles of transmission pipeline. It has also conducted external assessments on another 885 miles.\u003c/p>\n\u003cp>“We’re looking for anything that shouldn’t be there,” PG&E spokesman Cutler says. “A dent, issues of corrosion. We live in California – the earth moves here. And so sometimes things are not exactly where we put them in the first place.”\u003c/p>\n\u003cp>Asked whether the pipeline test in Santa Cruz would be happening if it hadn’t been for the San Bruno disaster, there’s a long pause before Hastings replies, “No.”\u003c/p>\n\u003cp>In the last five years, PG&E has spent hundreds of millions on physical pipeline upgrades and other additional gas-safety measures. But all of that work doesn’t come close to addressing its entire 6,700-mile transmission system, let alone the sweeping distribution network. There’s much more work to be done -- and PG&E customers will foot the bill.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>ob Bea, once dubbed the \"\u003ca href=\"http://www.mensjournal.com/magazine/bob-bea-the-master-of-disaster-20130225\" target=\"_blank\">the master of disaster\u003c/a>\" by GQ Magazine, is professor emeritus of civil engineering at UC Berkeley. He's been all over the world analyzing the causes of high-profile disasters, including the Exxon Valdez oil spill in Alaska and the New Orleans levee breaches in the wake of Hurricane Katrina. He also served as an expert witness for the San Bruno plaintiffs who have sued PG&E.\u003c/p>\n\u003cp>“PG&E had multiple opportunities during 55 years to properly detect, analyze and correct the defects,” he says, but failed to act.\u003c/p>\n\u003cp>He says utilities and government aren't doing enough to upgrade aging infrastructure.\u003c/p>\n\u003cfigure id=\"attachment_10672174\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Conniejackson.jpg\">\u003cimg class=\"wp-image-10672174 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Conniejackson-800x584.jpg\" alt=\"City Manager Connie Jackson says the city has a responsibility to hold PG&E and the CPUC accountable for the explosion. “This has been a profound moment for all of us to say ‘we really can make a difference and if we don’t, it would be worse.’”\" width=\"800\" height=\"584\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-800x584.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-1440x1052.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-1180x862.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Conniejackson-960x701.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City Manager Connie Jackson says the city has a responsibility to hold PG&E and the CPUC accountable for the explosion. 'This has been a profound moment for all of us to say: We really can make a difference and if we don’t, it would be worse.' \u003ccite>(Lisa Pickoff-White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The process of dealing with these infrastructure risks has become largely reactive,\" he says. \"If the Bay Bridge falls down, we build a new one. In other countries, they can't afford an infrastructure disaster. They have to be much more proactive.\"\u003c/p>\n\u003cp>As San Bruno residents mark another year, PG&E, regulators and California ratepayers still face a long road before the utility's natural gas pipeline system is fully tested and modernized. The company says the work will cost $12 billion and last more than a decade. The company's customers are likely to pay the lion's share — though just how much is a decision that rests with the CPUC.\u003c/p>\n\u003cp>Jackson, San Bruno’s city manager, still believes that stronger reforms are in order before the utility and its regulators are really functioning properly.\u003c/p>\n\u003cp>“It’s been five years,” she says. “And I think that we in San Bruno and throughout California should be able to expect tangible demonstration of real, true reform that allows us to see that our regulators are on it, that they’re proactively demanding accountability and holding themselves and the utilities responsible in a real strong and clear way. We’ve seen progress, but we’re not there yet.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Ericka Cruz Guevarra contributed to this report. Dan Brekke and Kat Snow edited.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jailed Santa Clara County Guard Proclaims Innocence in Alleged Murder of Prisoner",
"title": "Jailed Santa Clara County Guard Proclaims Innocence in Alleged Murder of Prisoner",
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"content": "\u003cp>\u003cstrong>Update Monday, Sept. 7:\u003c/strong> In a \u003ca href=\"http://www.mercurynews.com/ci_28765106/santa-clara-county-jail-guard-proclaims-innocence-jailhouse\" target=\"_blank\">jailhouse interview\u003c/a>, Rafael Rodriguez, one of three Santa Clara County Jail guards facing murder charges in the alleged attack of a mentally ill inmate, says he is innocent. The interview was conducted by the Bay Area News Group.\u003c/p>\n\u003cp>From the media outlet's report, which says Rodriguez claims he never touched the prisoner, Michael Tyree:\u003c/p>\n\u003cblockquote>\u003cp>... Rafael Rodriguez, 27, said the guard uniform he wore the night authorities say he and two other officers entered inmate Michael Tyree's cell was clean, showing no signs that he made contact with Tyree. ...\u003c/p>\n\u003cp>Rodriguez acknowledged that he had been inside Tyree's pod to search it but maintained that no one forced Tyree to take his pills or laid a hand on him, as alleged. The former security guard claimed that the Santa Clara County sheriff's investigation is relying on hearsay from inmates and making things up.\u003c/p>\u003c/blockquote>\n\u003cp>A spokesman for the sheriff's office told the Bay Area News Group, \"There's enough evidence to arrest the three correctional officers, including Rafael Rodriguez. If we felt we did not have enough evidence, we would not have made the arrest.\"\u003c/p>\n\u003cp>[youtube https://www.youtube.com/watch?v=jtQKvHsEZAo&w=800&h=450]\u003c/p>\n\u003cp>\u003cem>Updated, 9:25 a.m. Friday, Sept. 4.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Three correctional officers at the Santa Clara County Jail are facing murder charges in the wake of what Sheriff Laurie Smith called the \"vile and cowardly\" fatal beating of a mentally ill inmate.\u003c/p>\n\u003cp>The three officers -- Matthew Farris, Jereh Lubrin and Rafael Rodriguez -- are being held in protective custody at a jail outside Santa Clara County and face arraignment next week for their alleged role in the killing of inmate Michael James Tyree last week.\u003c/p>\n\u003cp>Each is being held on suspicion of murder, assault under color of authority and conspiracy, Smith said at a Thursday afternoon press conference.\u003c/p>\n\u003cp>Smith did not take questions or discuss specific evidence that the three guards were responsible for the 31-year-old Tyree's death. But, she said, \"It's unmistakable that Jereh Lubrin, Matthew Ferriss and Rafael Rodriguez committed this cowardly and heinous act against an unarmed individual they were entrusted to protect.\"\u003c/p>\n\u003cp>Here's how the \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28751297/sheriffs-office-3-correctional-officers-jail-death-arrested\">San Jose Mercury News summarized\u003c/a> Tyree's death Thursday:\u003c/p>\n\u003cblockquote>\u003cp>Tyree, a 31-year-old man in protective custody died Aug. 27 while waiting to be transferred to a mental-health facility, three days after he appeared in a special mental-health court where he pleaded no contest to petty theft....\u003c/p>\n\u003cp>... At the time of his death, Tyree was being housed on the sixth floor, in the protective custody unit. Several inmates who were also housed there reported seeing the three correctional officers go into his cell and then hearing him scream, \"Don't!\" \"Please, stop!\" \"Help!\" and \"I'm sorry!\" before falling silent after the officers left, according to a relative of one of the inmates.\u003c/p>\n\u003cp>Tyree apparently suffered serious internal injuries consistent with being hit with a firm object, which could have been a fist, foot or weapon, according to a source with knowledge of the investigation. The source added that said the officers did not report their use of force to jail authorities immediately, as required, or seek medical care for him.\u003c/p>\u003c/blockquote>\n\u003cp>Sheriff Smith said that Lubrin, one of the three guards alleged to have taken part in the attack, made a routine welfare check of the unit where Tyree was held about an hour later. He radioed a \"man down\" call, the sheriff said, reporting he had found Tyree unconscious in his cell, naked and covered with vomit and feces. Attempts to resuscitate Tyree failed and he was pronounced dead at the scene.\u003c/p>\n\u003cp>County Medical Examiner Dr. Joseph O'Hara told the press conference an autopsy found that Tyree had died of massive internal bleeding resulting from blunt-force trauma.\u003c/p>\n\u003cp>\"In short, he bled to death internally,\" O'Hara said.\u003c/p>\n\u003cp>In \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28753483/friends-family-stand-by-santa-clara-county-jail\" target=\"_blank\">a story on the guards\u003c/a>, the Merc said family members, including Lubrin's father, expressed disbelief at the charges:\u003c/p>\n\u003cblockquote>\u003cp>Dwight Lubrin said his son ... told him that \"something had happened with an inmate\" at work during his shift.\u003c/p>\n\u003cp>According to the father, Lubrin said that when he checked on Tyree the inmate's wall was covered in feces and Tyree was lying down and could not be roused. When Lubrin realized something was wrong, his father said, he and the other two officers on duty started giving Tyree CPR.\u003c/p>\n\u003cp>He told his son: \"If you didn't do anything wrong, you don't have to worry about it.\"\u003c/p>\u003c/blockquote>\n\u003cp>Paula Canny, the attorney for Tyree's family, praised the sheriff's office for acting quickly. \"The family is so grateful for the efforts to bring justice swiftly to those that caused Michael’s death,\" she said after Smith's statement.\u003c/p>\n\u003cp>Robert Weisberg, a Stanford Law School professor specializing in criminal justice, said the prompt action by the sheriff's office and the arrests themselves were \"extremely unusual.\"\u003c/p>\n\u003cp>\"It's remarkable for jail officers to be arrested for homicide and especially for murder is pretty much unheard of,\" Weisberg told KQED's Devin Katayama. Here's the rest of their interview:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/222258531&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update Monday, Sept. 7:\u003c/strong> In a \u003ca href=\"http://www.mercurynews.com/ci_28765106/santa-clara-county-jail-guard-proclaims-innocence-jailhouse\" target=\"_blank\">jailhouse interview\u003c/a>, Rafael Rodriguez, one of three Santa Clara County Jail guards facing murder charges in the alleged attack of a mentally ill inmate, says he is innocent. The interview was conducted by the Bay Area News Group.\u003c/p>\n\u003cp>From the media outlet's report, which says Rodriguez claims he never touched the prisoner, Michael Tyree:\u003c/p>\n\u003cblockquote>\u003cp>... Rafael Rodriguez, 27, said the guard uniform he wore the night authorities say he and two other officers entered inmate Michael Tyree's cell was clean, showing no signs that he made contact with Tyree. ...\u003c/p>\n\u003cp>Rodriguez acknowledged that he had been inside Tyree's pod to search it but maintained that no one forced Tyree to take his pills or laid a hand on him, as alleged. The former security guard claimed that the Santa Clara County sheriff's investigation is relying on hearsay from inmates and making things up.\u003c/p>\u003c/blockquote>\n\u003cp>A spokesman for the sheriff's office told the Bay Area News Group, \"There's enough evidence to arrest the three correctional officers, including Rafael Rodriguez. If we felt we did not have enough evidence, we would not have made the arrest.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/jtQKvHsEZAo'\n title='//www.youtube.com/embed/jtQKvHsEZAo'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>Updated, 9:25 a.m. Friday, Sept. 4.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Three correctional officers at the Santa Clara County Jail are facing murder charges in the wake of what Sheriff Laurie Smith called the \"vile and cowardly\" fatal beating of a mentally ill inmate.\u003c/p>\n\u003cp>The three officers -- Matthew Farris, Jereh Lubrin and Rafael Rodriguez -- are being held in protective custody at a jail outside Santa Clara County and face arraignment next week for their alleged role in the killing of inmate Michael James Tyree last week.\u003c/p>\n\u003cp>Each is being held on suspicion of murder, assault under color of authority and conspiracy, Smith said at a Thursday afternoon press conference.\u003c/p>\n\u003cp>Smith did not take questions or discuss specific evidence that the three guards were responsible for the 31-year-old Tyree's death. But, she said, \"It's unmistakable that Jereh Lubrin, Matthew Ferriss and Rafael Rodriguez committed this cowardly and heinous act against an unarmed individual they were entrusted to protect.\"\u003c/p>\n\u003cp>Here's how the \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28751297/sheriffs-office-3-correctional-officers-jail-death-arrested\">San Jose Mercury News summarized\u003c/a> Tyree's death Thursday:\u003c/p>\n\u003cblockquote>\u003cp>Tyree, a 31-year-old man in protective custody died Aug. 27 while waiting to be transferred to a mental-health facility, three days after he appeared in a special mental-health court where he pleaded no contest to petty theft....\u003c/p>\n\u003cp>... At the time of his death, Tyree was being housed on the sixth floor, in the protective custody unit. Several inmates who were also housed there reported seeing the three correctional officers go into his cell and then hearing him scream, \"Don't!\" \"Please, stop!\" \"Help!\" and \"I'm sorry!\" before falling silent after the officers left, according to a relative of one of the inmates.\u003c/p>\n\u003cp>Tyree apparently suffered serious internal injuries consistent with being hit with a firm object, which could have been a fist, foot or weapon, according to a source with knowledge of the investigation. The source added that said the officers did not report their use of force to jail authorities immediately, as required, or seek medical care for him.\u003c/p>\u003c/blockquote>\n\u003cp>Sheriff Smith said that Lubrin, one of the three guards alleged to have taken part in the attack, made a routine welfare check of the unit where Tyree was held about an hour later. He radioed a \"man down\" call, the sheriff said, reporting he had found Tyree unconscious in his cell, naked and covered with vomit and feces. Attempts to resuscitate Tyree failed and he was pronounced dead at the scene.\u003c/p>\n\u003cp>County Medical Examiner Dr. Joseph O'Hara told the press conference an autopsy found that Tyree had died of massive internal bleeding resulting from blunt-force trauma.\u003c/p>\n\u003cp>\"In short, he bled to death internally,\" O'Hara said.\u003c/p>\n\u003cp>In \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28753483/friends-family-stand-by-santa-clara-county-jail\" target=\"_blank\">a story on the guards\u003c/a>, the Merc said family members, including Lubrin's father, expressed disbelief at the charges:\u003c/p>\n\u003cblockquote>\u003cp>Dwight Lubrin said his son ... told him that \"something had happened with an inmate\" at work during his shift.\u003c/p>\n\u003cp>According to the father, Lubrin said that when he checked on Tyree the inmate's wall was covered in feces and Tyree was lying down and could not be roused. When Lubrin realized something was wrong, his father said, he and the other two officers on duty started giving Tyree CPR.\u003c/p>\n\u003cp>He told his son: \"If you didn't do anything wrong, you don't have to worry about it.\"\u003c/p>\u003c/blockquote>\n\u003cp>Paula Canny, the attorney for Tyree's family, praised the sheriff's office for acting quickly. \"The family is so grateful for the efforts to bring justice swiftly to those that caused Michael’s death,\" she said after Smith's statement.\u003c/p>\n\u003cp>Robert Weisberg, a Stanford Law School professor specializing in criminal justice, said the prompt action by the sheriff's office and the arrests themselves were \"extremely unusual.\"\u003c/p>\n\u003cp>\"It's remarkable for jail officers to be arrested for homicide and especially for murder is pretty much unheard of,\" Weisberg told KQED's Devin Katayama. Here's the rest of their interview:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/222258531&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "The Forgotten Filipino-Americans Who Led the ’65 Delano Grape Strike",
"title": "The Forgotten Filipino-Americans Who Led the ’65 Delano Grape Strike",
"headTitle": "California Foodways | The California Report | KQED News",
"content": "\u003cp>Today, grapes in the grocery store don’t seem that controversial. But 50 years ago, a historic strike in California’s Central Valley vineyards set in motion the most significant campaign in modern labor history: the farmworker movement.\u003c/p>\n\u003cp>While the \u003ca href=\"http://www.ufw.org/\">United Farm Workers\u003c/a> and Cesar Chavez are widely known for running the Delano Grape Strike and prompting an international boycott of table grapes, the origins of that movement are rarely discussed. Some people in the town of Delano and across the state are determined to change that.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/222406205\" 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>It would be easy to drive through Delano and have no idea that history was made here. It’s a dry, hot Central Valley town, and places of historical importance -- such as a retirement home, a church, and acres and acres of farmland -- look ordinary on the outside.\u003c/p>\n\u003cfigure id=\"attachment_10667541\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667541\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/StrikingWorkersPicket-800x532.jpg\" alt=\"Filipino farmworkers were the first to walk out of vineyards in 1965, prompting the Delano Grape Strike and, ultimately, the formation of the United Farm Workers along with Mexican farmworkers led by Cesar Chavez.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-1440x958.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-1180x785.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-960x639.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Filipino farmworkers were the first to walk out of vineyards in 1965, prompting the Delano Grape Strike and, ultimately, the formation of the United Farm Workers along with Mexican farmworkers led by Cesar Chavez. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For many people, though, these places are sacred ground: the vineyards, picketed for years by farmworkers and their supporters; the high school auditorium where Sen. Bobby Kennedy spoke; a white stucco building on the edge of town where Cesar Chavez carried out a hunger strike and became a national symbol of farmworker rights; and a utilitarian community center known as Filipino Hall.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>To resident Roger Gadiano, Filipino Hall is a shrine. “This is our Mecca,” he says. “I guess it’s our Selma. This is it!” Because in this building, on the night of Sept. 7, 1965, farmworkers voted to go on strike the next day. They were almost all Filipino.\u003c/p>\n\u003cp>“People don’t know who in the heck walked in here … but I do.” Gadiano says. “It tickles me. We’re a part of a big history. We took a step that was bold and that no one else would take.”\u003c/p>\n\u003cp>Most of those voting -- and striking -- were elders called Manongs, the mostly migrant, bachelor Filipino farmworkers whose names and stories few people know, even in Delano.\u003c/p>\n\u003cfigure id=\"attachment_10667678\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667678\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CommunityCenter-800x542.jpg\" alt=\"Alex Edillor was an elementary school student when the 1965 grape strike started. The Filipino Hall became the center of activity as Mexicans joined forces with Filipino grape pickers.\" width=\"800\" height=\"542\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-800x542.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-400x271.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-1440x975.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-1180x799.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-960x650.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alex Edillor was an elementary school student when the 1965 grape strike started. The Filipino Hall became the center of activity as Mexicans joined forces with Filipino grape pickers. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During Philippine Weekend, a cultural celebration and kind of family reunion, a group of young women say they never learned about the farmworker movement in school. Anhelica Perez says her Latina grandmother and other relatives actually participated in the strike and ensuing boycott, “So it was active family history, but it was not taught -- or talked about -- at all.”\u003c/p>\n\u003cp>Even though she’s in her late 20s, Melanie Retuda says she learned about the Filipino origins of the strike only last year. “I’d known of Cesar Chavez and Hispanics being involved,” she says. “Being Filipino, it’s like, ‘Wow.’ Filipinos actually made an impact in the process. It makes me proud that they were involved.”\u003c/p>\n\u003cp>Perez is outraged that this history is not known because the actions those Filipinos took improved her family’s lives. “I mean, I’m extremely proud that Cesar Chavez was the right face at the right time, but a lot of the dirty work was already done.”\u003c/p>\n\u003cfigure id=\"attachment_10667728\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667728\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Larry800-800x1010.jpg\" alt=\"Larry Itliong, key organizer of the Filipino farmworkers who started the Delano Grape Strike. Legislation was recently passed to recognize Larry Itliong Day in California.\" width=\"800\" height=\"1010\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Larry800.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Larry800-400x505.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Larry Itliong, key organizer of the Filipino farmworkers who started the Delano Grape Strike. Legislation was recently passed to recognize Larry Itliong Day in California. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In many ways, Filipino farmworkers and labor organizers had prepared for the Delano Grape Strike for decades. Dawn Mabalon, professor of history at San Francisco State University, says they’d been fighting for better working conditions since the 1920s, and had a key win in 1939 in the Sacramento-San Joaquin Delta.\u003c/p>\n\u003cp>“Five to seven thousand Filipinos in asparagus fields all walk out at the height of the season, on Good Friday,” threatening the availability of asparagus on Easter dinner tables, Mabalon says. “Growers capitulated in a day. So Filipinos know that if they all walk out, in absolute unity, with absolute militancy, they’re probably going to win.”\u003c/p>\n\u003cp>By the ’60s, though, conditions for farmworkers across the state were still dismal. Mabalon describes conducting oral histories in which she heard stories of field crews sharing just one tin cup of water. “You still had no bathrooms in the fields, poor wages, no workers' comp, no unemployment, no Social Security,” she says.\u003c/p>\n\u003cp>So, in the summer of 1965, when growers cut the pay of Filipinos picking grapes in the Coachella Valley, they were prepared to act. These workers, members of the Agricultural Workers Organizing Committee, were “led by this really charismatic, seasoned, militant labor leader, Larry Itliong,” Mabalon says, “and they make a stand against the farmers in Coachella and they win: $1.40 an hour.”\u003c/p>\n\u003cp>[contextly_sidebar id=\"Xotg4AWAehe1ZfO0noGLK1OdPcrHAvPQ\"]\u003c/p>\n\u003cp>When they migrated north to Delano, organizers like Itliong, Philip Vera Cruz and Pete Velasco urged local families to join them in asking for improved conditions (the same raise to $1.40 an hour). Growers balked.\u003c/p>\n\u003cp>Retired journalist Alex Edillor was only 11 years old, but he remembers his farmworker parents coming back from heated meetings, and talking about a potential strike over the kitchen table. “There were people with mortgages, with families to feed, considering a strike action,” he says.\u003c/p>\n\u003cfigure id=\"attachment_10667730\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667730\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/ManongPlaque-800x581.jpg\" alt=\"At the Agbayani Village, a retirement home built for the Manongs, Roger Gadiano stands next to a plaque honoring the Manong Filipino workers who started the 1965 grape strike.\" width=\"800\" height=\"581\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-800x581.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-400x290.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-1440x1046.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-1180x857.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-960x697.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At the Agbayani Village, a retirement home built for the Manongs, Roger Gadiano stands next to a plaque honoring the Manong Filipino workers who started the 1965 grape strike. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On the evening of Sept. 7, workers gathered at Filipino Hall and voted to strike. The next morning they went out to the vineyards, as they always did, but made a dramatic stand. Edillor remembers: \u003ci>“\u003c/i>It was the first day of school, I was all prepared to come home, watch a little TV,” but when he came home, his parents were there. Like the Manongs, and other locals, they’d worked a full day, then left the harvested crop on the ground and walked off the vineyard.\u003c/p>\n\u003cp>Gadiano, who had family members join the strike, adds, “Just imagine over 1,500 old Filipino men at different labor camps, different vineyards, all walking out at same time. How awesome is that!”\u003c/p>\n\u003cp>It was Gadiano’s first day of his senior year of high school. He remembers walking into his Spanish II class, and being approached by a grower’s son. “‘Hey Rog, your Uncle Max just went on strike.’ I went, ‘He did? They just want a raise.’ ”\u003c/p>\n\u003cp>Workers got kicked out of labor camps. Gadiano says, “The farmers were going to use the Mexicans to break the strike.”\u003c/p>\n\u003cp>Cesar Chavez and others, like Dolores Huerta and Gil Padilla, had been organizing Mexican workers around Delano for a few years through the National Farm Workers Association, but a strike wasn’t in their immediate plans. So Larry Itliong appealed to Chavez, and two weeks later, the much more sizable group of Mexican workers joined the strike. Soon, the two unions came together to form what would become United Farm Workers, with Larry Itliong assistant director under Chavez. It was a historic interracial union.\u003c/p>\n\u003cfigure id=\"attachment_10667734\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667734\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/PicketCigar-800x522.jpg\" alt=\"A picketing Filipino farmworker in 1965.\" width=\"800\" height=\"522\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/PicketCigar.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/PicketCigar-400x261.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A picketing Filipino farmworker in 1965. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“These two groups that had been kept apart for so long, coming together, that is the power in the Delano Grape Strike,” says historian Mabalon.\u003c/p>\n\u003cp>Mexicans and Filipinos gathered at Filipino Hall, eating fishhead soup and preparing strikers’ meals, organizing, even sleeping there. Gadiano passed by every day on his way to high school and saw the steps filled with picket signs.\u003c/p>\n\u003cp>“They’d eat breakfast and pick up their signs and go to a field location and picket,” he remembers. It took five years of striking, plus an international boycott of table grapes, before growers signed contracts with the United Farm Workers.\u003c/p>\n\u003cp>Those years weren’t easy on strikers, families or Delano.\u003c/p>\n\u003cp>Gadiano shows me around the grocery store his dad once owned. As the only supplier of Filipino goods in the region, it was popular with townspeople and labor camps, where the family delivered fish, meat and other goods.\u003c/p>\n\u003cp>“A common order was a 100-pound sack of Calrose rice, sticky rice,” Gadiano remembers.\u003c/p>\n\u003cfigure id=\"attachment_10667737\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667737\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/ExaminingGrapes-800x675.jpg\" alt=\"Under a shade from the hot August sun, Josefina Zarate packs grapes in a vineyard southeast of Delano. Grapes are still a top commodity in Kern County.\" width=\"800\" height=\"675\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-800x675.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-400x338.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-1440x1216.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-1180x996.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-960x811.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Under a shade from the hot August sun, Josefina Zarate packs grapes in a vineyard southeast of Delano. Grapes are still a top commodity in Kern County. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>His dad also helped out families of striking workers.\u003c/p>\n\u003cp>“We were giving them credit to pay us back when work started. We carried hundreds of families. We were stuck in the middle because we had the store.”\u003c/p>\n\u003cp>Many families were like Alex Edillor’s: his parents walked off the fields initially, but after a few weeks they felt they had to return to work. He remembers the tension, even in places like church.\u003c/p>\n\u003cp>“It was kind of split down the middle of the church: This is where the strikers went, this is where the people who went back to work went,” he says. “There was a strange division among us.”\u003c/p>\n\u003cp>Now, though, people who sat on either side of the aisle join in wanting to share this history. “We came back together because, looking back on it, we were very proud of that moment,\" Edillor says.\u003c/p>\n\u003cp>Mabalon says, growing up not knowing this history, she and her peers feel the hurt of a generation. “It’s our story, and it demands our love and attention and respect, and we need to tell this story.”\u003c/p>\n\u003cfigure id=\"attachment_10667732\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667732\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/GirlsMural-800x585.jpg\" alt=\"Angelica Perez, Melanie Retuda and Larissa Portillo (L-R) in front of a recently-completed mural in downtown Delano featuring Philip Vera Cruz, Cesar Chavez and Larry Itliong.\" width=\"800\" height=\"585\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-800x585.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-1440x1052.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-1180x862.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-960x702.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anhelica Perez, Melanie Retuda and Larissa Portillo (L-R) in front of a recently completed mural in downtown Delano featuring Philip Vera Cruz, Cesar Chavez and Larry Itliong. \u003ccite>(Lisa Morehouse/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s happening more and more. Mabalon is writing a biography of Larry Itliong; Edillor and Gadiano have organized a \u003ca href=\"https://roundtown.com/event/10151147/Bold-Step-Celebration-the-50th-Anniversary-the-Delano-Grape-Strike-Delano-CA\" target=\"_blank\" rel=\"noopener noreferrer\">celebration\u003c/a> in Delano over Labor Day weekend; and a \u003ca href=\"http://www.delanomanongs.com/\">documentary\u003c/a> on the Manongs came out last year.\u003c/p>\n\u003cp>Recently, California Gov. Jerry Brown signed two pieces of legislation, one recognizing \u003ca href=\"http://www.capradio.org/articles/2015/07/06/california-to-recognize-filipino-american-larry-itliong-on-oct-25\">Larry Itliong Day\u003c/a>, the other \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB123\">requiring public schools\u003c/a> to teach this history. Rob Bonta, the state’s only Filipino-American Assembly member, introduced those bills. Although his parents were farm labor organizers and he grew up in UFW headquarters, he says, “When I cracked the history books in high school and college, I didn’t see those stories being told.”\u003c/p>\n\u003cp>In Delano, Gadiano ends a tour of the town at one last, ordinary place: Larry Itliong’s simple gravesite. The headstone says only, “Beloved husband and father.”\u003c/p>\n\u003cp>“He gave our people some dignity,\" Gadiano says. \"He gave his guts.\"\u003c/p>\n\u003cp>\u003cem>This piece was reported for \u003ca href=\"http://www.californiafoodways.com/\">California Foodways,\u003c/a> in collaboration with the\u003ca href=\"http://thefern.org/\"> Food & Environment Reporting Network\u003c/a>, a nonprofit, investigative news organization.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Music by Susie Ibarra and Los Lobos.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Today, grapes in the grocery store don’t seem that controversial. But 50 years ago, a historic strike in California’s Central Valley vineyards set in motion the most significant campaign in modern labor history: the farmworker movement.\u003c/p>\n\u003cp>While the \u003ca href=\"http://www.ufw.org/\">United Farm Workers\u003c/a> and Cesar Chavez are widely known for running the Delano Grape Strike and prompting an international boycott of table grapes, the origins of that movement are rarely discussed. Some people in the town of Delano and across the state are determined to change that.\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/222406205&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/222406205'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>It would be easy to drive through Delano and have no idea that history was made here. It’s a dry, hot Central Valley town, and places of historical importance -- such as a retirement home, a church, and acres and acres of farmland -- look ordinary on the outside.\u003c/p>\n\u003cfigure id=\"attachment_10667541\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667541\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/StrikingWorkersPicket-800x532.jpg\" alt=\"Filipino farmworkers were the first to walk out of vineyards in 1965, prompting the Delano Grape Strike and, ultimately, the formation of the United Farm Workers along with Mexican farmworkers led by Cesar Chavez.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-1440x958.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-1180x785.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/StrikingWorkersPicket-960x639.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Filipino farmworkers were the first to walk out of vineyards in 1965, prompting the Delano Grape Strike and, ultimately, the formation of the United Farm Workers along with Mexican farmworkers led by Cesar Chavez. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For many people, though, these places are sacred ground: the vineyards, picketed for years by farmworkers and their supporters; the high school auditorium where Sen. Bobby Kennedy spoke; a white stucco building on the edge of town where Cesar Chavez carried out a hunger strike and became a national symbol of farmworker rights; and a utilitarian community center known as Filipino Hall.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>To resident Roger Gadiano, Filipino Hall is a shrine. “This is our Mecca,” he says. “I guess it’s our Selma. This is it!” Because in this building, on the night of Sept. 7, 1965, farmworkers voted to go on strike the next day. They were almost all Filipino.\u003c/p>\n\u003cp>“People don’t know who in the heck walked in here … but I do.” Gadiano says. “It tickles me. We’re a part of a big history. We took a step that was bold and that no one else would take.”\u003c/p>\n\u003cp>Most of those voting -- and striking -- were elders called Manongs, the mostly migrant, bachelor Filipino farmworkers whose names and stories few people know, even in Delano.\u003c/p>\n\u003cfigure id=\"attachment_10667678\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667678\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CommunityCenter-800x542.jpg\" alt=\"Alex Edillor was an elementary school student when the 1965 grape strike started. The Filipino Hall became the center of activity as Mexicans joined forces with Filipino grape pickers.\" width=\"800\" height=\"542\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-800x542.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-400x271.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-1440x975.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-1180x799.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/CommunityCenter-960x650.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alex Edillor was an elementary school student when the 1965 grape strike started. The Filipino Hall became the center of activity as Mexicans joined forces with Filipino grape pickers. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During Philippine Weekend, a cultural celebration and kind of family reunion, a group of young women say they never learned about the farmworker movement in school. Anhelica Perez says her Latina grandmother and other relatives actually participated in the strike and ensuing boycott, “So it was active family history, but it was not taught -- or talked about -- at all.”\u003c/p>\n\u003cp>Even though she’s in her late 20s, Melanie Retuda says she learned about the Filipino origins of the strike only last year. “I’d known of Cesar Chavez and Hispanics being involved,” she says. “Being Filipino, it’s like, ‘Wow.’ Filipinos actually made an impact in the process. It makes me proud that they were involved.”\u003c/p>\n\u003cp>Perez is outraged that this history is not known because the actions those Filipinos took improved her family’s lives. “I mean, I’m extremely proud that Cesar Chavez was the right face at the right time, but a lot of the dirty work was already done.”\u003c/p>\n\u003cfigure id=\"attachment_10667728\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667728\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/Larry800-800x1010.jpg\" alt=\"Larry Itliong, key organizer of the Filipino farmworkers who started the Delano Grape Strike. Legislation was recently passed to recognize Larry Itliong Day in California.\" width=\"800\" height=\"1010\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/Larry800.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/Larry800-400x505.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Larry Itliong, key organizer of the Filipino farmworkers who started the Delano Grape Strike. Legislation was recently passed to recognize Larry Itliong Day in California. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In many ways, Filipino farmworkers and labor organizers had prepared for the Delano Grape Strike for decades. Dawn Mabalon, professor of history at San Francisco State University, says they’d been fighting for better working conditions since the 1920s, and had a key win in 1939 in the Sacramento-San Joaquin Delta.\u003c/p>\n\u003cp>“Five to seven thousand Filipinos in asparagus fields all walk out at the height of the season, on Good Friday,” threatening the availability of asparagus on Easter dinner tables, Mabalon says. “Growers capitulated in a day. So Filipinos know that if they all walk out, in absolute unity, with absolute militancy, they’re probably going to win.”\u003c/p>\n\u003cp>By the ’60s, though, conditions for farmworkers across the state were still dismal. Mabalon describes conducting oral histories in which she heard stories of field crews sharing just one tin cup of water. “You still had no bathrooms in the fields, poor wages, no workers' comp, no unemployment, no Social Security,” she says.\u003c/p>\n\u003cp>So, in the summer of 1965, when growers cut the pay of Filipinos picking grapes in the Coachella Valley, they were prepared to act. These workers, members of the Agricultural Workers Organizing Committee, were “led by this really charismatic, seasoned, militant labor leader, Larry Itliong,” Mabalon says, “and they make a stand against the farmers in Coachella and they win: $1.40 an hour.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>When they migrated north to Delano, organizers like Itliong, Philip Vera Cruz and Pete Velasco urged local families to join them in asking for improved conditions (the same raise to $1.40 an hour). Growers balked.\u003c/p>\n\u003cp>Retired journalist Alex Edillor was only 11 years old, but he remembers his farmworker parents coming back from heated meetings, and talking about a potential strike over the kitchen table. “There were people with mortgages, with families to feed, considering a strike action,” he says.\u003c/p>\n\u003cfigure id=\"attachment_10667730\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667730\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/ManongPlaque-800x581.jpg\" alt=\"At the Agbayani Village, a retirement home built for the Manongs, Roger Gadiano stands next to a plaque honoring the Manong Filipino workers who started the 1965 grape strike.\" width=\"800\" height=\"581\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-800x581.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-400x290.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-1440x1046.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-1180x857.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ManongPlaque-960x697.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At the Agbayani Village, a retirement home built for the Manongs, Roger Gadiano stands next to a plaque honoring the Manong Filipino workers who started the 1965 grape strike. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On the evening of Sept. 7, workers gathered at Filipino Hall and voted to strike. The next morning they went out to the vineyards, as they always did, but made a dramatic stand. Edillor remembers: \u003ci>“\u003c/i>It was the first day of school, I was all prepared to come home, watch a little TV,” but when he came home, his parents were there. Like the Manongs, and other locals, they’d worked a full day, then left the harvested crop on the ground and walked off the vineyard.\u003c/p>\n\u003cp>Gadiano, who had family members join the strike, adds, “Just imagine over 1,500 old Filipino men at different labor camps, different vineyards, all walking out at same time. How awesome is that!”\u003c/p>\n\u003cp>It was Gadiano’s first day of his senior year of high school. He remembers walking into his Spanish II class, and being approached by a grower’s son. “‘Hey Rog, your Uncle Max just went on strike.’ I went, ‘He did? They just want a raise.’ ”\u003c/p>\n\u003cp>Workers got kicked out of labor camps. Gadiano says, “The farmers were going to use the Mexicans to break the strike.”\u003c/p>\n\u003cp>Cesar Chavez and others, like Dolores Huerta and Gil Padilla, had been organizing Mexican workers around Delano for a few years through the National Farm Workers Association, but a strike wasn’t in their immediate plans. So Larry Itliong appealed to Chavez, and two weeks later, the much more sizable group of Mexican workers joined the strike. Soon, the two unions came together to form what would become United Farm Workers, with Larry Itliong assistant director under Chavez. It was a historic interracial union.\u003c/p>\n\u003cfigure id=\"attachment_10667734\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667734\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/PicketCigar-800x522.jpg\" alt=\"A picketing Filipino farmworker in 1965.\" width=\"800\" height=\"522\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/PicketCigar.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/PicketCigar-400x261.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A picketing Filipino farmworker in 1965. \u003ccite>(Farmworker Movement Documentation Project/UC San Diego Library)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“These two groups that had been kept apart for so long, coming together, that is the power in the Delano Grape Strike,” says historian Mabalon.\u003c/p>\n\u003cp>Mexicans and Filipinos gathered at Filipino Hall, eating fishhead soup and preparing strikers’ meals, organizing, even sleeping there. Gadiano passed by every day on his way to high school and saw the steps filled with picket signs.\u003c/p>\n\u003cp>“They’d eat breakfast and pick up their signs and go to a field location and picket,” he remembers. It took five years of striking, plus an international boycott of table grapes, before growers signed contracts with the United Farm Workers.\u003c/p>\n\u003cp>Those years weren’t easy on strikers, families or Delano.\u003c/p>\n\u003cp>Gadiano shows me around the grocery store his dad once owned. As the only supplier of Filipino goods in the region, it was popular with townspeople and labor camps, where the family delivered fish, meat and other goods.\u003c/p>\n\u003cp>“A common order was a 100-pound sack of Calrose rice, sticky rice,” Gadiano remembers.\u003c/p>\n\u003cfigure id=\"attachment_10667737\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667737\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/ExaminingGrapes-800x675.jpg\" alt=\"Under a shade from the hot August sun, Josefina Zarate packs grapes in a vineyard southeast of Delano. Grapes are still a top commodity in Kern County.\" width=\"800\" height=\"675\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-800x675.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-400x338.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-1440x1216.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-1180x996.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/ExaminingGrapes-960x811.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Under a shade from the hot August sun, Josefina Zarate packs grapes in a vineyard southeast of Delano. Grapes are still a top commodity in Kern County. \u003ccite>(Henry A. Barrios/FERN)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>His dad also helped out families of striking workers.\u003c/p>\n\u003cp>“We were giving them credit to pay us back when work started. We carried hundreds of families. We were stuck in the middle because we had the store.”\u003c/p>\n\u003cp>Many families were like Alex Edillor’s: his parents walked off the fields initially, but after a few weeks they felt they had to return to work. He remembers the tension, even in places like church.\u003c/p>\n\u003cp>“It was kind of split down the middle of the church: This is where the strikers went, this is where the people who went back to work went,” he says. “There was a strange division among us.”\u003c/p>\n\u003cp>Now, though, people who sat on either side of the aisle join in wanting to share this history. “We came back together because, looking back on it, we were very proud of that moment,\" Edillor says.\u003c/p>\n\u003cp>Mabalon says, growing up not knowing this history, she and her peers feel the hurt of a generation. “It’s our story, and it demands our love and attention and respect, and we need to tell this story.”\u003c/p>\n\u003cfigure id=\"attachment_10667732\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10667732\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/GirlsMural-800x585.jpg\" alt=\"Angelica Perez, Melanie Retuda and Larissa Portillo (L-R) in front of a recently-completed mural in downtown Delano featuring Philip Vera Cruz, Cesar Chavez and Larry Itliong.\" width=\"800\" height=\"585\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-800x585.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-400x292.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-1440x1052.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-1180x862.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/09/GirlsMural-960x702.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anhelica Perez, Melanie Retuda and Larissa Portillo (L-R) in front of a recently completed mural in downtown Delano featuring Philip Vera Cruz, Cesar Chavez and Larry Itliong. \u003ccite>(Lisa Morehouse/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s happening more and more. Mabalon is writing a biography of Larry Itliong; Edillor and Gadiano have organized a \u003ca href=\"https://roundtown.com/event/10151147/Bold-Step-Celebration-the-50th-Anniversary-the-Delano-Grape-Strike-Delano-CA\" target=\"_blank\" rel=\"noopener noreferrer\">celebration\u003c/a> in Delano over Labor Day weekend; and a \u003ca href=\"http://www.delanomanongs.com/\">documentary\u003c/a> on the Manongs came out last year.\u003c/p>\n\u003cp>Recently, California Gov. Jerry Brown signed two pieces of legislation, one recognizing \u003ca href=\"http://www.capradio.org/articles/2015/07/06/california-to-recognize-filipino-american-larry-itliong-on-oct-25\">Larry Itliong Day\u003c/a>, the other \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB123\">requiring public schools\u003c/a> to teach this history. Rob Bonta, the state’s only Filipino-American Assembly member, introduced those bills. Although his parents were farm labor organizers and he grew up in UFW headquarters, he says, “When I cracked the history books in high school and college, I didn’t see those stories being told.”\u003c/p>\n\u003cp>In Delano, Gadiano ends a tour of the town at one last, ordinary place: Larry Itliong’s simple gravesite. The headstone says only, “Beloved husband and father.”\u003c/p>\n\u003cp>“He gave our people some dignity,\" Gadiano says. \"He gave his guts.\"\u003c/p>\n\u003cp>\u003cem>This piece was reported for \u003ca href=\"http://www.californiafoodways.com/\">California Foodways,\u003c/a> in collaboration with the\u003ca href=\"http://thefern.org/\"> Food & Environment Reporting Network\u003c/a>, a nonprofit, investigative news organization.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Music by Susie Ibarra and Los Lobos.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Accused Pier 14 Shooter to Face Murder Charges at Trial",
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"headTitle": "Accused Pier 14 Shooter to Face Murder Charges at Trial | KQED",
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"content": "\u003cp>Was Kathryn Steinle’s accused killer Juan Francisco Lopez-Sanchez “playing his own game of Russian Roulette” as he sat spinning in a metallic chair on San Francisco’s Pier 14, or was the July 1 shooting of the 31-year-old woman a “freak accident” at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\" rel=\"noopener\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez’s criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez “knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.”\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>“He’s already pegged his target,” Garcia said. “He has a 360-degree choice of where to fire the gun.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This was no accident,” she added. “There were people all around him. … Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.”\u003c/p>\n\u003cp>Lopez-Sanchez’s lead defense counsel, San Francisco public defender’s Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez’s weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>“It’s far more likely to be a complete accident,” Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\" rel=\"noopener\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn’t have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it’s in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn’t touch.\u003c/p>\n\u003cp>“He has nothing,” Gonzalez said. “He’s got cracker crumbs in his pocket and some cigarette butts. He’s going to look at things that are discarded that you and I are going to walk right by. … He’s actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.”\u003c/p>\n\u003cp>Earlier this week, Steinle’s family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\" rel=\"noopener\">filed three civil claims\u003c/a> over their daughter’s death. They’re pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff’s Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>“He’s never committed a theft; that’s not who he is,” Gonzalez said. “He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there’s no evidence that there was ever an effort to commit a crime with it. There’s no evidence that he ever showed it to anybody, that he tried to offer it for sale.”\u003c/p>\n\u003cp>Prosecutor Garcia didn’t dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>“He had in his hands an instrument of death, and he chose to use it,” she told the judge. “He took the life of a young, vibrant, cherished woman.”\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That’s 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez’s prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>“We’re very confident that there’s sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,” district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n",
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"excerpt": "Defense says shooting was accidental, and jury will be also allowed to consider a manslaughter charge.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Was Kathryn Steinle’s accused killer Juan Francisco Lopez-Sanchez “playing his own game of Russian Roulette” as he sat spinning in a metallic chair on San Francisco’s Pier 14, or was the July 1 shooting of the 31-year-old woman a “freak accident” at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\" rel=\"noopener\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez’s criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez “knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.”\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>“He’s already pegged his target,” Garcia said. “He has a 360-degree choice of where to fire the gun.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This was no accident,” she added. “There were people all around him. … Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.”\u003c/p>\n\u003cp>Lopez-Sanchez’s lead defense counsel, San Francisco public defender’s Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez’s weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>“It’s far more likely to be a complete accident,” Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\" rel=\"noopener\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn’t have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it’s in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn’t touch.\u003c/p>\n\u003cp>“He has nothing,” Gonzalez said. “He’s got cracker crumbs in his pocket and some cigarette butts. He’s going to look at things that are discarded that you and I are going to walk right by. … He’s actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.”\u003c/p>\n\u003cp>Earlier this week, Steinle’s family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\" rel=\"noopener\">filed three civil claims\u003c/a> over their daughter’s death. They’re pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff’s Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>“He’s never committed a theft; that’s not who he is,” Gonzalez said. “He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there’s no evidence that there was ever an effort to commit a crime with it. There’s no evidence that he ever showed it to anybody, that he tried to offer it for sale.”\u003c/p>\n\u003cp>Prosecutor Garcia didn’t dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>“He had in his hands an instrument of death, and he chose to use it,” she told the judge. “He took the life of a young, vibrant, cherished woman.”\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That’s 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez’s prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>“We’re very confident that there’s sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,” district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Bill Blocking PG&E From Deducting $115 Million of San Bruno Fine Fails",
"title": "Bill Blocking PG&E From Deducting $115 Million of San Bruno Fine Fails",
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"content": "\u003cp>\u003cstrong>Update\u003c/strong>: Legislation that would have prevented Pacific Gas & Electric Co. from writing off part of the $1.6 billion penalty for the deadly 2010 San Bruno explosion failed Thursday in the state Senate. In a filing with the Security and Exchange Commission, PG&E estimated that it will receive about $115 million back.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB681\" target=\"_blank\">Senate Bill 681\u003c/a> failed by a vote of 24-14, two votes short of the two-thirds majority it needed to pass. The bill failed to receive any Republican support.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003cbr>\nShould companies get a tax break on penalties?\u003c/p>\n\u003cp>On Sept. 9, 2010, a pipeline owned and operated by Pacific Gas and Electric Co. exploded -- killing eight people, injuring 58 others and destroying 38 homes. The California Public Utilities Commission fined PG&E \u003ca href=\"http://ww2.kqed.org/news/2015/04/09/cpuc-approves-1-6-billion-fine-for-pge-over-san-bruno-disaster\" target=\"_blank\">$1.6 billion\u003c/a> for the blast. The utility has also been indicted by a federal grand jury and faces civil litigation.\u003c/p>\n\u003cp>Current state and federal laws allow taxpayers to deduct expenses, including fines and penalties, if they're paid to someone other than the government. Here's how the fine is broken down:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"padding-left: 30px\">• $850 million for gas and safety improvements to be paid by shareholders\u003cbr>\n• $400 million to reimburse ratepayers in a one-time bill credit\u003cbr>\n• $300 million to the state's general fund as a fine\u003cbr>\n• And an additional $50 million toward previously identified safety measures.\u003c/p>\n\u003cp>PG&E argues that $1.3 billion of the fine -- subtracting $300 million for the fine going to the state's general fund -- should be used to establish a baseline for deductions, according to current law. The California Franchise Tax Board estimates that the utility would be able to deduct about $115 million in state taxes -- unless a bill proposed by two Peninsula Democrats is passed.\u003c/p>\n\u003cp>\"While we are not appealing the CPUC decision, we continue to believe that costs outlined in the decision are deductible under tax laws,\" PG&E wrote in a statement.\u003c/p>\n\u003cp>State Sen. Jerry Hill and Assemblyman Kevin Mullin, both Democrats whose districts include San Bruno, introduced \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB681\" target=\"_blank\">SB681\u003c/a>, which would prohibit PG&E from deducting the fine. The bill passed a state Senate committee on Wednesday morning, and heads to the appropriations committee. It will eventually need two-thirds of the vote in the Legislature.\u003c/p>\n\u003cp>In April, CPUC President Michael Picker \u003ca href=\"http://sd13.senate.ca.gov/sites/sd13.senate.ca.gov/files/PUC_Letter.pdf\" target=\"_blank\">wrote\u003c/a> to the IRS and state tax boards, stating that the full fine was meant to be punitive.\u003c/p>\n\u003cp>\"We also want to express our hope that any attempt by PG&E to deduct any of these costs will be disallowed on the basis of their punitive nature,\" Picker wrote. \"Every dollar the commission ordered that shareholders pay in this final decision was intended to penalize PG&E for its egregious actions and legal violations.\"\u003c/p>\n\u003cp>The distinction is important because punitive fines and penalties are nondeductible, but remedial fines can be deductible.\u003c/p>\n\u003cp>\"Because it's not defined and written as a penalty, they get to deduct that money, which means they can lower their total penalty,\" Hill said. \"That's not fair.\"\u003c/p>\n\u003cp>Hill noted that if the entire fine went to the general fund, PG&E would be unable to deduct any of it. But, he said, the CPUC was correct in forcing PG&E to pay for the safety work it should have done. And, he noted, this way PG&E customers receive $400 million in credits, and not people outside PG&E's service area.\u003c/p>\n\u003cp>\"The ratepayers should be the ones who benefit from this penalty,\" Hill said. \"We were living within a vulnerable area. We had a system that was not safe. We had a system that was overcharged. They spent over $400 million of money that was set aside, ratepayer money, set aside for maintenance. They diverted those funds to bonuses and profits and incentives for executives.\"\u003c/p>\n\u003cp>But there is precedent.\u003c/p>\n\u003cp>BP \u003ca href=\"http://www.washingtonpost.com/wp-dyn/content/article/2010/07/27/AR2010072704437.html\" target=\"_blank\">sought a $9.9 billion reduction\u003c/a> in taxes after the 2010 Gulf of Mexico oil spill. And the company \u003ca href=\"http://www.nola.com/politics/index.ssf/2015/07/bp_settlement_tax_breaks.html\" target=\"_blank\">could deduct more\u003c/a> from an $18.7 billion settlement signed two weeks ago.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The federal government's \u003ca href=\"http://www.forbes.com/sites/robertwood/2013/10/22/jp-morgan-chases-13b-settlement-and-whale-sized-tax-deduction/\" target=\"_blank\">$1.1 billion settlement\u003c/a> with Exxon over the Exxon Valdez oil spill in Alaska cost the company only $524 million after taxes.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update\u003c/strong>: Legislation that would have prevented Pacific Gas & Electric Co. from writing off part of the $1.6 billion penalty for the deadly 2010 San Bruno explosion failed Thursday in the state Senate. In a filing with the Security and Exchange Commission, PG&E estimated that it will receive about $115 million back.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB681\" target=\"_blank\">Senate Bill 681\u003c/a> failed by a vote of 24-14, two votes short of the two-thirds majority it needed to pass. The bill failed to receive any Republican support.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003cbr>\nShould companies get a tax break on penalties?\u003c/p>\n\u003cp>On Sept. 9, 2010, a pipeline owned and operated by Pacific Gas and Electric Co. exploded -- killing eight people, injuring 58 others and destroying 38 homes. The California Public Utilities Commission fined PG&E \u003ca href=\"http://ww2.kqed.org/news/2015/04/09/cpuc-approves-1-6-billion-fine-for-pge-over-san-bruno-disaster\" target=\"_blank\">$1.6 billion\u003c/a> for the blast. The utility has also been indicted by a federal grand jury and faces civil litigation.\u003c/p>\n\u003cp>Current state and federal laws allow taxpayers to deduct expenses, including fines and penalties, if they're paid to someone other than the government. Here's how the fine is broken down:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"padding-left: 30px\">• $850 million for gas and safety improvements to be paid by shareholders\u003cbr>\n• $400 million to reimburse ratepayers in a one-time bill credit\u003cbr>\n• $300 million to the state's general fund as a fine\u003cbr>\n• And an additional $50 million toward previously identified safety measures.\u003c/p>\n\u003cp>PG&E argues that $1.3 billion of the fine -- subtracting $300 million for the fine going to the state's general fund -- should be used to establish a baseline for deductions, according to current law. The California Franchise Tax Board estimates that the utility would be able to deduct about $115 million in state taxes -- unless a bill proposed by two Peninsula Democrats is passed.\u003c/p>\n\u003cp>\"While we are not appealing the CPUC decision, we continue to believe that costs outlined in the decision are deductible under tax laws,\" PG&E wrote in a statement.\u003c/p>\n\u003cp>State Sen. Jerry Hill and Assemblyman Kevin Mullin, both Democrats whose districts include San Bruno, introduced \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB681\" target=\"_blank\">SB681\u003c/a>, which would prohibit PG&E from deducting the fine. The bill passed a state Senate committee on Wednesday morning, and heads to the appropriations committee. It will eventually need two-thirds of the vote in the Legislature.\u003c/p>\n\u003cp>In April, CPUC President Michael Picker \u003ca href=\"http://sd13.senate.ca.gov/sites/sd13.senate.ca.gov/files/PUC_Letter.pdf\" target=\"_blank\">wrote\u003c/a> to the IRS and state tax boards, stating that the full fine was meant to be punitive.\u003c/p>\n\u003cp>\"We also want to express our hope that any attempt by PG&E to deduct any of these costs will be disallowed on the basis of their punitive nature,\" Picker wrote. \"Every dollar the commission ordered that shareholders pay in this final decision was intended to penalize PG&E for its egregious actions and legal violations.\"\u003c/p>\n\u003cp>The distinction is important because punitive fines and penalties are nondeductible, but remedial fines can be deductible.\u003c/p>\n\u003cp>\"Because it's not defined and written as a penalty, they get to deduct that money, which means they can lower their total penalty,\" Hill said. \"That's not fair.\"\u003c/p>\n\u003cp>Hill noted that if the entire fine went to the general fund, PG&E would be unable to deduct any of it. But, he said, the CPUC was correct in forcing PG&E to pay for the safety work it should have done. And, he noted, this way PG&E customers receive $400 million in credits, and not people outside PG&E's service area.\u003c/p>\n\u003cp>\"The ratepayers should be the ones who benefit from this penalty,\" Hill said. \"We were living within a vulnerable area. We had a system that was not safe. We had a system that was overcharged. They spent over $400 million of money that was set aside, ratepayer money, set aside for maintenance. They diverted those funds to bonuses and profits and incentives for executives.\"\u003c/p>\n\u003cp>But there is precedent.\u003c/p>\n\u003cp>BP \u003ca href=\"http://www.washingtonpost.com/wp-dyn/content/article/2010/07/27/AR2010072704437.html\" target=\"_blank\">sought a $9.9 billion reduction\u003c/a> in taxes after the 2010 Gulf of Mexico oil spill. And the company \u003ca href=\"http://www.nola.com/politics/index.ssf/2015/07/bp_settlement_tax_breaks.html\" target=\"_blank\">could deduct more\u003c/a> from an $18.7 billion settlement signed two weeks ago.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The federal government's \u003ca href=\"http://www.forbes.com/sites/robertwood/2013/10/22/jp-morgan-chases-13b-settlement-and-whale-sized-tax-deduction/\" target=\"_blank\">$1.1 billion settlement\u003c/a> with Exxon over the Exxon Valdez oil spill in Alaska cost the company only $524 million after taxes.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"headTitle": "‘Open Justice’: A New Web Portal to Arrest and Death Statistics in California | KQED",
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"content": "\u003cp>California Attorney General Kamala Harris unveiled a Web-based data tool Wednesday that catalogs nine years of arrest, death and assault statistics across the state’s 400-plus law enforcement agencies.\u003c/p>\n\u003cp>Specifically, the “\u003ca href=\"http://openjustice.doj.ca.gov/index.html\" target=\"_blank\" rel=\"noopener\">Open Justice\u003c/a>” Web portal is broken into three broad categories — arrest statistics, in-custody deaths (which include all types of use-of-force fatalities, such as officer-involved shootings) and law enforcement officers killed or assaulted in the line of duty.\u003c/p>\n\u003cp>Harris called the new publicly available data sets a “down payment on transparency” and a first step in what she hopes will eventually present a more holistic view of criminal justice in California.\u003c/p>\n\u003cp>“This is the first kind of showing and transparency of this kind of information of any state in the country,” Harris told reporters gathered in Los Angeles Wednesday. “The California Department of Justice by the way, sits on a trove of data, a treasure trove of data. … We want to share this with the public in a way that can encourage better public policy.”\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/222103141″ 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>At first glance, racial disparities in \u003ca href=\"http://openjustice.doj.ca.gov/arrests/overview.html\" target=\"_blank\" rel=\"noopener\">arrests\u003c/a> and \u003ca href=\"http://openjustice.doj.ca.gov/death-in-custody/overview.html\" target=\"_blank\" rel=\"noopener\">in-custody deaths\u003c/a> are readily apparent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>From 2005 to 2013, black people made up 5.84 percent of the state’s population, yet comprised 16.66 percent of those arrested. Asian/Pacific Islanders showed a similar disparity at 2.85 percent of the population and nearly 13 percent of arrests. California was 37.07 percent Hispanic over the nine-year time period, and 42.34 percent of those arrested were Hispanic, all according to “Open Justice.”\u003c/p>\n\u003cp>“Over the last year, facts and figures have been thrown around with little or no ability to verify the data,” said Rep. Karen Bass, D-Los Angeles. “Accurate data will allow for distinctions to be made between tragic one-time incidents, and disturbing citywide or statewide trends.”\u003c/p>\n\u003cp>But, Bass said, the disparities in the statewide statistics are troubling.\u003c/p>\n\u003cp>“African-Americans are the most likely to be arrested at any age,” she said.\u003c/p>\n\u003cp>[contextly_sidebar id=”2qObhbBsfRj3n4AplcY9nvz61cyeQALh”]\u003c/p>\n\u003cp>The DOJ recorded 909 arrest-related in-custody deaths between 2005 and 2014. That statistic includes “incidents while the subject was in an officer’s physical custody or under restraint (even if not formally under arrest) or killed by use of force,” according to the database.\u003c/p>\n\u003cp>It includes officer-involved shootings, but is likely still undercounted, however, because arrest-stage deaths were not included in 2005, according to the California Attorney General’s Office.\u003c/p>\n\u003cp>Nearly 75 percent of those deaths were at the hands of municipal police, and more than 20 percent of the homicides were by county sheriff’s deputies. The California Highway Patrol accounted for most of the remaining 5.1 percent, with small slivers attributed to state prison corrections officers and other agencies.\u003c/p>\n\u003cp>Hispanics made up the largest ethnicity killed by law enforcement, at 43.5 percent, or 395 people killed. Black people made up more than 20 percent, with 184 deaths. There were 272 white people killed by California law enforcement over the 10-year period, or 29.9 percent of the whole.\u003c/p>\n\u003cp>“African-Americans are 3.5 times more likely to die in the process of arrest,” said UC Berkeley public policy professor Steven Raphael, who worked on the data sets before they were released Wednesday.\u003c/p>\n\u003cp>But, he said, there is less of a difference when the data are adjusted for higher arrest rates of black people.\u003c/p>\n\u003cp>“It already focuses attention on, well, why is there that racial disparity in arrests?” he said.\u003c/p>\n\u003cp>On the other side of the badge, the data portal reports 345 California law enforcement officers killed in the line of duty between 1980 and 2014, with 187 killed “as a direct result of a criminal act by a suspect” and 158 accidental deaths.\u003c/p>\n\u003cp>“There have been 280,000 assaults against law enforcement officers in California since 1980,” Harris said. “I’ll do the math for you: 8,000 assaults a year, and 30 percent of those result in injury.”\u003c/p>\n\u003cp>Los Angeles Police Chief Charlie Beck said it’s difficult for local law enforcement agencies to use the local data they collect without the context of statewide numbers.\u003c/p>\n\u003cp>“Even better, I would like to have comparative data nationally,” he said. “I have a lot of statewide data because California is good about reporting. National data — huge gap, huge gap.”\u003c/p>\n\u003cp>The number of law enforcement officers killed and assaulted is well tracked by the FBI’s \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/leoka/2013\" target=\"_blank\" rel=\"noopener\">Uniform Crime Reporting\u003c/a> Program, which is where the state got statistics for that data set. Nationwide tracking of arrests and in-custody deaths, however, is far less reliable, \u003ca href=\"http://www.washingtonpost.com/news/post-politics/wp/2014/12/11/congress-decides-to-get-serious-about-tracking-police-shootings/\" target=\"_blank\" rel=\"noopener\">despite recent legislation\u003c/a> aimed at improving tracking of officer-involved shootings.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Beck, Harris and Bass said they hope California’s initiative will be replicated nationwide.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Kamala Harris unveiled a Web-based data tool Wednesday that catalogs nine years of arrest, death and assault statistics across the state’s 400-plus law enforcement agencies.\u003c/p>\n\u003cp>Specifically, the “\u003ca href=\"http://openjustice.doj.ca.gov/index.html\" target=\"_blank\" rel=\"noopener\">Open Justice\u003c/a>” Web portal is broken into three broad categories — arrest statistics, in-custody deaths (which include all types of use-of-force fatalities, such as officer-involved shootings) and law enforcement officers killed or assaulted in the line of duty.\u003c/p>\n\u003cp>Harris called the new publicly available data sets a “down payment on transparency” and a first step in what she hopes will eventually present a more holistic view of criminal justice in California.\u003c/p>\n\u003cp>“This is the first kind of showing and transparency of this kind of information of any state in the country,” Harris told reporters gathered in Los Angeles Wednesday. “The California Department of Justice by the way, sits on a trove of data, a treasure trove of data. … We want to share this with the public in a way that can encourage better public policy.”\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/222103141″&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/222103141″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>At first glance, racial disparities in \u003ca href=\"http://openjustice.doj.ca.gov/arrests/overview.html\" target=\"_blank\" rel=\"noopener\">arrests\u003c/a> and \u003ca href=\"http://openjustice.doj.ca.gov/death-in-custody/overview.html\" target=\"_blank\" rel=\"noopener\">in-custody deaths\u003c/a> are readily apparent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>From 2005 to 2013, black people made up 5.84 percent of the state’s population, yet comprised 16.66 percent of those arrested. Asian/Pacific Islanders showed a similar disparity at 2.85 percent of the population and nearly 13 percent of arrests. California was 37.07 percent Hispanic over the nine-year time period, and 42.34 percent of those arrested were Hispanic, all according to “Open Justice.”\u003c/p>\n\u003cp>“Over the last year, facts and figures have been thrown around with little or no ability to verify the data,” said Rep. Karen Bass, D-Los Angeles. “Accurate data will allow for distinctions to be made between tragic one-time incidents, and disturbing citywide or statewide trends.”\u003c/p>\n\u003cp>But, Bass said, the disparities in the statewide statistics are troubling.\u003c/p>\n\u003cp>“African-Americans are the most likely to be arrested at any age,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The DOJ recorded 909 arrest-related in-custody deaths between 2005 and 2014. That statistic includes “incidents while the subject was in an officer’s physical custody or under restraint (even if not formally under arrest) or killed by use of force,” according to the database.\u003c/p>\n\u003cp>It includes officer-involved shootings, but is likely still undercounted, however, because arrest-stage deaths were not included in 2005, according to the California Attorney General’s Office.\u003c/p>\n\u003cp>Nearly 75 percent of those deaths were at the hands of municipal police, and more than 20 percent of the homicides were by county sheriff’s deputies. The California Highway Patrol accounted for most of the remaining 5.1 percent, with small slivers attributed to state prison corrections officers and other agencies.\u003c/p>\n\u003cp>Hispanics made up the largest ethnicity killed by law enforcement, at 43.5 percent, or 395 people killed. Black people made up more than 20 percent, with 184 deaths. There were 272 white people killed by California law enforcement over the 10-year period, or 29.9 percent of the whole.\u003c/p>\n\u003cp>“African-Americans are 3.5 times more likely to die in the process of arrest,” said UC Berkeley public policy professor Steven Raphael, who worked on the data sets before they were released Wednesday.\u003c/p>\n\u003cp>But, he said, there is less of a difference when the data are adjusted for higher arrest rates of black people.\u003c/p>\n\u003cp>“It already focuses attention on, well, why is there that racial disparity in arrests?” he said.\u003c/p>\n\u003cp>On the other side of the badge, the data portal reports 345 California law enforcement officers killed in the line of duty between 1980 and 2014, with 187 killed “as a direct result of a criminal act by a suspect” and 158 accidental deaths.\u003c/p>\n\u003cp>“There have been 280,000 assaults against law enforcement officers in California since 1980,” Harris said. “I’ll do the math for you: 8,000 assaults a year, and 30 percent of those result in injury.”\u003c/p>\n\u003cp>Los Angeles Police Chief Charlie Beck said it’s difficult for local law enforcement agencies to use the local data they collect without the context of statewide numbers.\u003c/p>\n\u003cp>“Even better, I would like to have comparative data nationally,” he said. “I have a lot of statewide data because California is good about reporting. National data — huge gap, huge gap.”\u003c/p>\n\u003cp>The number of law enforcement officers killed and assaulted is well tracked by the FBI’s \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/leoka/2013\" target=\"_blank\" rel=\"noopener\">Uniform Crime Reporting\u003c/a> Program, which is where the state got statistics for that data set. Nationwide tracking of arrests and in-custody deaths, however, is far less reliable, \u003ca href=\"http://www.washingtonpost.com/news/post-politics/wp/2014/12/11/congress-decides-to-get-serious-about-tracking-police-shootings/\" target=\"_blank\" rel=\"noopener\">despite recent legislation\u003c/a> aimed at improving tracking of officer-involved shootings.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Beck, Harris and Bass said they hope California’s initiative will be replicated nationwide.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "S.F. Police Investigate Vandalism of Bayview Church as Hate Crime",
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"content": "\u003cp>San Francisco police are investigating vandalism at a church in the city’s Bayview District -- an incident involving extensive damage to the building's interior -- as a hate crime.\u003c/p>\n\u003cp>The incident took place at \u003ca href=\"https://www.google.com/maps/place/St+Paul+Tabernacle+Baptist/@37.73637,-122.393996,15z/data=!4m2!3m1!1s0x0:0x3e1f16e7d82cd10f\" target=\"_blank\">St. Paul’s Tabernacle Baptist Church\u003c/a> on Oakdale Avenue last Friday.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/230394465\" 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>Racial and homophobic epithets -- along with satanic references -- were sprayed along the walls of the church’s sanctuary and the pastor’s office, with some appearing on an exterior wall as well.\u003c/p>\n\u003cp>Mirrors were smashed and the church's pews soaked with bleach, according to church deacon Willie Fenroy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Who could have done this to us? Why us?” Fenroy said he wondered when he first saw the damage. “Because you got eight other churches in the surroundings, and we the only ones that got hit that day.”\u003c/p>\n\u003cp>Fenroy said the vandals must have entered through the church’s back doors, which were found broken and have since been replaced.\u003c/p>\n\u003cp>Despite the incident, Sunday services were held at St. Paul’s, with forgiveness as the theme.\u003c/p>\n\u003cp>San Francisco police spokesman Officer Albie Esparza said Tuesday the St. Paul's incident was the fifth in the past month that the department is investigating as a possible hate crime.\u003c/p>\n\u003cp>He said police are canvassing neighborhood surveillance cameras for possible leads or witnesses, but have no suspects yet. Anyone with information on the St. Paul's incident can call in an anonymous tip at (415) 575-4444, text a tip to TIP411 with \"SFPD\" at the beginning of the message, or contact investigators directly at (415) 553-1133.\u003c/p>\n\u003cp>Michael G. Pappas, executive director of the San Francisco Interfaith Council, said he was shocked by the incident.\u003c/p>\n\u003cp>\"It horrifies not only the parish itself -- which feels the direct violation -- but it's something that we all share in,\" Pappas said.\u003c/p>\n\u003cp>The interfaith organization is collaborating with the Jewish Community Relations Council and the Islamic Network Group to offer support to St. Paul's.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The San Francisco chapter of the civil rights support group \u003ca href=\"http://www.showingupforracialjustice.org/\" target=\"_blank\">Showing up for Racial Justice\u003c/a> has set up an online \u003ca href=\"https://actionnetwork.org/fundraising/we-stand-with-st-pauls-tabernacle-baptist-church\" target=\"_blank\">fundraiser\u003c/a> to help repair the church.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco police are investigating vandalism at a church in the city’s Bayview District -- an incident involving extensive damage to the building's interior -- as a hate crime.\u003c/p>\n\u003cp>The incident took place at \u003ca href=\"https://www.google.com/maps/place/St+Paul+Tabernacle+Baptist/@37.73637,-122.393996,15z/data=!4m2!3m1!1s0x0:0x3e1f16e7d82cd10f\" target=\"_blank\">St. Paul’s Tabernacle Baptist Church\u003c/a> on Oakdale Avenue last Friday.\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/230394465&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/230394465'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Racial and homophobic epithets -- along with satanic references -- were sprayed along the walls of the church’s sanctuary and the pastor’s office, with some appearing on an exterior wall as well.\u003c/p>\n\u003cp>Mirrors were smashed and the church's pews soaked with bleach, according to church deacon Willie Fenroy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Who could have done this to us? Why us?” Fenroy said he wondered when he first saw the damage. “Because you got eight other churches in the surroundings, and we the only ones that got hit that day.”\u003c/p>\n\u003cp>Fenroy said the vandals must have entered through the church’s back doors, which were found broken and have since been replaced.\u003c/p>\n\u003cp>Despite the incident, Sunday services were held at St. Paul’s, with forgiveness as the theme.\u003c/p>\n\u003cp>San Francisco police spokesman Officer Albie Esparza said Tuesday the St. Paul's incident was the fifth in the past month that the department is investigating as a possible hate crime.\u003c/p>\n\u003cp>He said police are canvassing neighborhood surveillance cameras for possible leads or witnesses, but have no suspects yet. Anyone with information on the St. Paul's incident can call in an anonymous tip at (415) 575-4444, text a tip to TIP411 with \"SFPD\" at the beginning of the message, or contact investigators directly at (415) 553-1133.\u003c/p>\n\u003cp>Michael G. Pappas, executive director of the San Francisco Interfaith Council, said he was shocked by the incident.\u003c/p>\n\u003cp>\"It horrifies not only the parish itself -- which feels the direct violation -- but it's something that we all share in,\" Pappas said.\u003c/p>\n\u003cp>The interfaith organization is collaborating with the Jewish Community Relations Council and the Islamic Network Group to offer support to St. Paul's.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The San Francisco chapter of the civil rights support group \u003ca href=\"http://www.showingupforracialjustice.org/\" target=\"_blank\">Showing up for Racial Justice\u003c/a> has set up an online \u003ca href=\"https://actionnetwork.org/fundraising/we-stand-with-st-pauls-tabernacle-baptist-church\" target=\"_blank\">fundraiser\u003c/a> to help repair the church.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Prisons Agree to Major Changes in Solitary Confinement",
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"content": "\u003cp>SACRAMENTO -- California prison officials on Tuesday agreed to end the unlimited solitary confinement of incarcerated gang leaders, restricting a practice that once kept hundreds of inmates in notorious segregation units for a decade or longer.\u003c/p>\n\u003cp>No other state keeps so many inmates segregated for so long, according to the Center for Constitutional Rights. The New York City-based nonprofit center represented inmates in a class-action federal lawsuit settled on behalf of nearly 3,000 California inmates held in segregation statewide.\u003c/p>\n\u003cp>The state is agreeing to segregate only inmates who commit new crimes behind bars and will no longer lock gang members in soundproof, windowless cells solely to keep them from directing illegal activities.\u003c/p>\n\u003cp>\"It will move California more into the mainstream of what other states are doing while still allowing us the ability to deal with people who are presenting problems within our system, but do so in a way where we rely less on the use of segregation,\" Corrections and Rehabilitation Secretary Jeffrey Beard told The Associated Press.\u003c/p>\n\u003cp>[contextly_sidebar id=\"ObPLdu5WJTKsyfCyq5f3ttez1MzFP1cb\"]\u003c/p>\n\u003cp>The conditions triggered intermittent hunger strikes by tens of thousands of inmates throughout the prison system in recent years. Years-long segregation also drew criticism this summer from President Barack Obama and U.S. Supreme Court Justice Anthony Kennedy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I think there is a deepening movement away from solitary confinement in the country, and I think this settlement will be a spur to that movement,\" Jules Lobel, the inmates' lead attorney and president of the Center for Constitutional Rights, said in a telephone interview.\u003c/p>\n\u003cp>The lawsuit was initially filed in 2009 by two killers serving time in the security housing unit at Pelican Bay. By 2012, Todd Ashker and Danny Troxell were among 78 prisoners confined in Pelican Bay's isolation unit for more than 20 years, though Troxell has since been moved to another prison.\u003c/p>\n\u003cp>More than 500 had been in the unit for more than 10 years, though recent policy changes reduced that to 62 inmates isolated for a decade or longer as of late July.\u003c/p>\n\u003cp>The suit contended that isolating inmates in 80-square-foot cells for all but about 90 minutes of each day amounts to cruel and unusual punishment.\u003c/p>\n\u003cp>About half the nearly 3,000 inmates held in such units are in solitary confinement. Inmates have no physical contact with visitors and are allowed only limited reading materials and communications with the outside world.\u003c/p>\n\u003cp>The settlement will limit how long inmates can spend in isolation, while creating restrictive custody units for inmates who refuse to participate in rehabilitation programs or keep breaking prison rules.\u003c/p>\n\u003cp>They will also house those who might be in danger if they live with other inmates. For instance, 71-year-old Hugo Pinell was killed by fellow inmates in August just days after he was released from isolation, decades after he became infamous for his role in a failed 1971 San Quentin State Prison escape attempt that killed six.\u003c/p>\n\u003cp>Lobel said the new units, by giving high-security inmates more personal contact and privileges, should be an example to other states to move away from isolation policies that he said have proven counterproductive in California.\u003c/p>\n\u003cp>Marie Levin, sister of 57-year-old reputed gang leader Ronnie Dewberry, read a statement from her brother, who goes by the name Sitawa Nantambu Jamaa, and other plaintiffs hailing the \"monumental victory for prisoners and an important step toward our goal of ending solitary confinement in California and across the country.\"\u003c/p>\n\u003cp>With the pending policy changes, this will be the \"first time Marie will be able to hold her brother, touch her brother, for 31 years,\" Lobel said on a teleconference call with Levin and other advocates.\u003c/p>\n\u003cp>Nichol Gomez, a spokeswoman for the union representing most prison guards, said it was disappointing that \"the people that actually have to do the work\" weren't involved in the negotiations, so she couldn't immediately comment.\u003c/p>\n\u003cp>Beard said he will work to ease the unions' previously expressed concerns that guards could face additional danger. He said the settlement expands on recent changes that have reduced the number of segregated inmates statewide from 4,153 in January 2012 to 2,858 currently.\u003c/p>\n\u003cp>Until recently, gang members could serve unlimited time in isolation. Under the settlement, they and other inmates can be segregated for up to five years for crimes committed in prison, though gang members can receive another two years in segregation.\u003c/p>\n\u003cp>Beard said the segregation system was adopted about 35 years ago, after a series of slayings of inmates and guards, and wasn't reconsidered until recently because California corrections officials were consumed with other crises, including severe crowding.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We probably had too many people locked up too long, because over 70 percent of the people that were reviewed were actually released, and we've had very, very few problems with those releases,\" Beard said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO -- California prison officials on Tuesday agreed to end the unlimited solitary confinement of incarcerated gang leaders, restricting a practice that once kept hundreds of inmates in notorious segregation units for a decade or longer.\u003c/p>\n\u003cp>No other state keeps so many inmates segregated for so long, according to the Center for Constitutional Rights. The New York City-based nonprofit center represented inmates in a class-action federal lawsuit settled on behalf of nearly 3,000 California inmates held in segregation statewide.\u003c/p>\n\u003cp>The state is agreeing to segregate only inmates who commit new crimes behind bars and will no longer lock gang members in soundproof, windowless cells solely to keep them from directing illegal activities.\u003c/p>\n\u003cp>\"It will move California more into the mainstream of what other states are doing while still allowing us the ability to deal with people who are presenting problems within our system, but do so in a way where we rely less on the use of segregation,\" Corrections and Rehabilitation Secretary Jeffrey Beard told The Associated Press.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The conditions triggered intermittent hunger strikes by tens of thousands of inmates throughout the prison system in recent years. Years-long segregation also drew criticism this summer from President Barack Obama and U.S. Supreme Court Justice Anthony Kennedy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I think there is a deepening movement away from solitary confinement in the country, and I think this settlement will be a spur to that movement,\" Jules Lobel, the inmates' lead attorney and president of the Center for Constitutional Rights, said in a telephone interview.\u003c/p>\n\u003cp>The lawsuit was initially filed in 2009 by two killers serving time in the security housing unit at Pelican Bay. By 2012, Todd Ashker and Danny Troxell were among 78 prisoners confined in Pelican Bay's isolation unit for more than 20 years, though Troxell has since been moved to another prison.\u003c/p>\n\u003cp>More than 500 had been in the unit for more than 10 years, though recent policy changes reduced that to 62 inmates isolated for a decade or longer as of late July.\u003c/p>\n\u003cp>The suit contended that isolating inmates in 80-square-foot cells for all but about 90 minutes of each day amounts to cruel and unusual punishment.\u003c/p>\n\u003cp>About half the nearly 3,000 inmates held in such units are in solitary confinement. Inmates have no physical contact with visitors and are allowed only limited reading materials and communications with the outside world.\u003c/p>\n\u003cp>The settlement will limit how long inmates can spend in isolation, while creating restrictive custody units for inmates who refuse to participate in rehabilitation programs or keep breaking prison rules.\u003c/p>\n\u003cp>They will also house those who might be in danger if they live with other inmates. For instance, 71-year-old Hugo Pinell was killed by fellow inmates in August just days after he was released from isolation, decades after he became infamous for his role in a failed 1971 San Quentin State Prison escape attempt that killed six.\u003c/p>\n\u003cp>Lobel said the new units, by giving high-security inmates more personal contact and privileges, should be an example to other states to move away from isolation policies that he said have proven counterproductive in California.\u003c/p>\n\u003cp>Marie Levin, sister of 57-year-old reputed gang leader Ronnie Dewberry, read a statement from her brother, who goes by the name Sitawa Nantambu Jamaa, and other plaintiffs hailing the \"monumental victory for prisoners and an important step toward our goal of ending solitary confinement in California and across the country.\"\u003c/p>\n\u003cp>With the pending policy changes, this will be the \"first time Marie will be able to hold her brother, touch her brother, for 31 years,\" Lobel said on a teleconference call with Levin and other advocates.\u003c/p>\n\u003cp>Nichol Gomez, a spokeswoman for the union representing most prison guards, said it was disappointing that \"the people that actually have to do the work\" weren't involved in the negotiations, so she couldn't immediately comment.\u003c/p>\n\u003cp>Beard said he will work to ease the unions' previously expressed concerns that guards could face additional danger. He said the settlement expands on recent changes that have reduced the number of segregated inmates statewide from 4,153 in January 2012 to 2,858 currently.\u003c/p>\n\u003cp>Until recently, gang members could serve unlimited time in isolation. Under the settlement, they and other inmates can be segregated for up to five years for crimes committed in prison, though gang members can receive another two years in segregation.\u003c/p>\n\u003cp>Beard said the segregation system was adopted about 35 years ago, after a series of slayings of inmates and guards, and wasn't reconsidered until recently because California corrections officials were consumed with other crises, including severe crowding.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We probably had too many people locked up too long, because over 70 percent of the people that were reviewed were actually released, and we've had very, very few problems with those releases,\" Beard said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The lawyer for a group of women \u003ca href=\"http://ww2.kqed.org/news/2015/08/25/napa-wine-train-says-it-was-100-wrong-to-kick-black-women-off\" target=\"_blank\" rel=\"noopener\">kicked off the Napa Valley Wine Train\u003c/a> last month says the company’s apology for the incident isn’t enough and that his clients are considering filing a discrimination lawsuit.\u003c/p>\n\u003cp>San Francisco attorney \u003ca href=\"http://www.waukeenmccoy.com/bio.html#bio_active\" target=\"_blank\" rel=\"noopener\">Waukeen McCoy\u003c/a> said the company’s decision to remove the 11 women, 10 of whom are black, was racially motivated. The group, a reading club, was taken from the train after complaints that it was too loud.\u003c/p>\n\u003cp>McCoy said the incident also involved a breach of contract, a “breach of good faith and fair dealing” and emotional distress “because of how they were taken off the train, being paraded in front of all the other patrons and taken off the train with the police standing outside of the train.”\u003c/p>\n\u003cp>The wine train’s CEO, Tony Giaccio, apologized last week, saying the company was “\u003ca href=\"http://ww2.kqed.org/news/2015/08/25/napa-wine-train-says-it-was-100-wrong-to-kick-black-women-off\" target=\"_blank\" rel=\"noopener\">100 percent wrong\u003c/a>” to have removed the women from the train. He promised a refund, offered an entire train car to the group for up to 50 people and said the company would initiate new diversity training.\u003c/p>\n\u003cp>“We believe we’ve done the right thing by acknowledging our mistakes. … We didn’t do what we were supposed to do,” wine train spokesman Kevin Keane said Monday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But McCoy said that doesn’t go far enough.\u003c/p>\n\u003cp>“I’m not going to advise them to settle the case for 52 tickets on a wine train,” he said. “They don’t want to go on another wine train, because it would only bring back the memories of them being kicked off the train.”\u003c/p>\n\u003cp>McCoy is seeking a meeting with wine train management and said he is eager to settle out of court.\u003c/p>\n\u003cp>“The main principle here is that these women were kicked off the train illegally, and they want to make sure that these employees are trained,” he said. “… We don’t want any of this to happen to any other group,” he said.\u003c/p>\n\u003cp>McCoy added that he’s looking into \u003ca href=\"http://www.slate.com/blogs/the_slatest/2015/08/25/napa_valley_wine_train_discrimination_another_passenger_thinks_she_was_discriminated.html\" target=\"_blank\" rel=\"noopener\">a report\u003c/a> of a similar incident involving a group of Latino passengers. The company has said that passengers of “all different races” are asked to leave the train about once a month.\u003c/p>\n\u003cp>The wine train’s Keane said the train already has diversity training for staff, and more is in the works.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“In our opinion, none of what occurred was a matter of discrimination or was racist in any way. This was simply the staff not handling this particular situation well,” said Keane. “But that doesn’t mean we shouldn’t be more sensitive to groups as they come on the train and how we handle them.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The lawyer for a group of women \u003ca href=\"http://ww2.kqed.org/news/2015/08/25/napa-wine-train-says-it-was-100-wrong-to-kick-black-women-off\" target=\"_blank\" rel=\"noopener\">kicked off the Napa Valley Wine Train\u003c/a> last month says the company’s apology for the incident isn’t enough and that his clients are considering filing a discrimination lawsuit.\u003c/p>\n\u003cp>San Francisco attorney \u003ca href=\"http://www.waukeenmccoy.com/bio.html#bio_active\" target=\"_blank\" rel=\"noopener\">Waukeen McCoy\u003c/a> said the company’s decision to remove the 11 women, 10 of whom are black, was racially motivated. The group, a reading club, was taken from the train after complaints that it was too loud.\u003c/p>\n\u003cp>McCoy said the incident also involved a breach of contract, a “breach of good faith and fair dealing” and emotional distress “because of how they were taken off the train, being paraded in front of all the other patrons and taken off the train with the police standing outside of the train.”\u003c/p>\n\u003cp>The wine train’s CEO, Tony Giaccio, apologized last week, saying the company was “\u003ca href=\"http://ww2.kqed.org/news/2015/08/25/napa-wine-train-says-it-was-100-wrong-to-kick-black-women-off\" target=\"_blank\" rel=\"noopener\">100 percent wrong\u003c/a>” to have removed the women from the train. He promised a refund, offered an entire train car to the group for up to 50 people and said the company would initiate new diversity training.\u003c/p>\n\u003cp>“We believe we’ve done the right thing by acknowledging our mistakes. … We didn’t do what we were supposed to do,” wine train spokesman Kevin Keane said Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But McCoy said that doesn’t go far enough.\u003c/p>\n\u003cp>“I’m not going to advise them to settle the case for 52 tickets on a wine train,” he said. “They don’t want to go on another wine train, because it would only bring back the memories of them being kicked off the train.”\u003c/p>\n\u003cp>McCoy is seeking a meeting with wine train management and said he is eager to settle out of court.\u003c/p>\n\u003cp>“The main principle here is that these women were kicked off the train illegally, and they want to make sure that these employees are trained,” he said. “… We don’t want any of this to happen to any other group,” he said.\u003c/p>\n\u003cp>McCoy added that he’s looking into \u003ca href=\"http://www.slate.com/blogs/the_slatest/2015/08/25/napa_valley_wine_train_discrimination_another_passenger_thinks_she_was_discriminated.html\" target=\"_blank\" rel=\"noopener\">a report\u003c/a> of a similar incident involving a group of Latino passengers. The company has said that passengers of “all different races” are asked to leave the train about once a month.\u003c/p>\n\u003cp>The wine train’s Keane said the train already has diversity training for staff, and more is in the works.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“In our opinion, none of what occurred was a matter of discrimination or was racist in any way. This was simply the staff not handling this particular situation well,” said Keane. “But that doesn’t mean we shouldn’t be more sensitive to groups as they come on the train and how we handle them.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Do Long Delays Make California's Death Penalty Unconstitutional?",
"title": "Do Long Delays Make California's Death Penalty Unconstitutional?",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Former state Supreme Court Chief Justice Ronald George once quipped that “the leading cause of death on California’s death row is old age.” And he’s pretty much right.\u003c/p>\n\u003cp>It's been nearly a decade since California executed an inmate. In that time more than 50 \u003ca href=\"http://www.cdcr.ca.gov/Capital_Punishment/docs/CondemnedInmateListSecure.pdf\" target=\"_blank\">condemned inmates\u003c/a> died, mostly of natural causes or suicide.\u003c/p>\n\u003cp>Last year those delays led U.S. District Court Judge Cormac Carney in Orange County to issue a stunning \u003ca href=\"http://www.deathpenaltyinfo.org/documents/CarneyOrder.pdf\" target=\"_blank\">decision\u003c/a>: He said administration of California's death penalty is so dysfunctional that it no longer has any meaning and that the rare execution is determined not by the severity of the crime but by arbitrary factors like whose appeal process was exhausted first. That, he said, is unconstitutional. Carney's decision vacated the death sentence for convicted murderer Ernest Dewayne Jones.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/221888110\" 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>Attorney General Kamala Harris, who personally opposes the death penalty, appealed Carney's order. And Monday a \u003ca href=\"http://ww2.kqed.org/news/2015/08/30/9th-circuit-to-weigh-constitutionality-of-californias-death-penalty\">three-judge panel \u003c/a>heard arguments on both sides for the better part of an hour.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Arguing for the State Attorney General's Office, Michael Mongan acknowledged that the system is a lengthy one. He said that is in order to avoid mistakes.\u003c/p>\n\u003cp>“We do not believe that there's any evidence, not on this record or any we're aware of, that the system is arbitrary or random or leads to random results,” Mongan told the court. He went on to say that California insists on a careful review of death penalty cases, and that takes time.\u003c/p>\n\u003cp>But attorney Michael Laurence, representing Jones, said appeals drag on because California refuses to fund enough attorneys to represent death row inmates. The state's \u003ca href=\"http://oag.ca.gov/sites/all/files/agweb/pdfs/publications/deathpen.pdf\" target=\"_blank\">capital punishment process\u003c/a> provides for au automatic appeal of every death sentence to the California Supreme Court; federal appeals usually follow.\u003c/p>\n\u003cp>“The average time it takes in the state courts exceeds 20 years,” Laurence said. “I don't think it is a stretch to say that a system that produces such lengthy delays constitutes a gross malfunction of the criminal justice system.”\u003c/p>\n\u003cp>Laurence referred to a \u003ca href=\"http://deathpenalty.org/downloads/FINAL%20REPORT%20DEATH%20PENALTY%20ccfaj%20June%2030.2008.pdf\" target=\"_blank\">report\u003c/a> by the bipartisan Commission on the Fair Administration of Justice on how to fix a “dysfunctional” system, mainly with an infusion of funds to provide attorneys for death row inmates.\u003c/p>\n\u003cp>“That was 2008, and not one dime has been spent to fix this problem,” Laurence noted.\u003c/p>\n\u003cp>Truth is, with a governor and an attorney general who oppose the death penalty, along with the Democratic majority in the Legislature, death penalty opponents may figure that starving the legal appeals process for condemned inmates will slow it down enough to essentially invalidate it.\u003c/p>\n\u003cp>The state has also responded very slowly to a \u003ca href=\"http://www.deathpenaltyinfo.org/CalifLethalInjection.pdf\" target=\"_blank\">2006 order\u003c/a> by U.S. District Court Judge Jeremy Fogel, who stopped executions until California’s lethal injection procedure was changed. Earlier this year the California Department of Corrections and Rehabilitation agreed to submit a new protocol for review by the end of October.\u003c/p>\n\u003cp>Much of Monday’s hearing focused on technical issues, including whether this case belonged in federal court at all. Attorneys for the state argued that the condemned inmate must exhaust all his appeals in \u003cem>state\u003c/em> court first. It's unclear where the justices will come down on that.\u003c/p>\n\u003cp>(As an aside, all three judges in the panel were appointed by Democratic presidents, two by Bill Clinton and one by Barack Obama. But any legal expert will say you can't read tea leaves based on that alone.)\u003c/p>\n\u003cp>After today’s oral arguments, Santa Clara University Law School Professor Ellen Kreitzberg said that if the lower court decision vacating Jones' sentence is upheld, it will lead to many more lawsuits -- even if it's appealed to the U.S. Supreme Court.\u003c/p>\n\u003cp>“Every person on death row in California will now raise the claim that the delay there, the whole process by which they're brought to execution in California is unconstitutional,” said Kreitzberg, “and these sentences of death should be converted to life without the possibility of parole.”\u003c/p>\n\u003cp>The delays outrage advocates for crime victims.\u003c/p>\n\u003cp>Kent Scheidegger, of the \u003ca href=\"http://www.cjlf.org/\" target=\"_blank\">Criminal Justice Legal Foundation \u003c/a>in Sacramento, predicted Judge Carney’s decision will be reversed. The silver lining, he said, is that the dysfunctional nature of the state’s capital punishment system has gotten renewed attention.\u003c/p>\n\u003cp>He hopes it may also rekindle interest in a ballot measure, once backed by three former California governors, to speed up the appeals process.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On the other hand, death penalty opponents are considering another ballot measure to ban capital punishment and convert all death sentences to life without the possibility of parole. In 2012 voters narrowly rejected a measure to do just that.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Former state Supreme Court Chief Justice Ronald George once quipped that “the leading cause of death on California’s death row is old age.” And he’s pretty much right.\u003c/p>\n\u003cp>It's been nearly a decade since California executed an inmate. In that time more than 50 \u003ca href=\"http://www.cdcr.ca.gov/Capital_Punishment/docs/CondemnedInmateListSecure.pdf\" target=\"_blank\">condemned inmates\u003c/a> died, mostly of natural causes or suicide.\u003c/p>\n\u003cp>Last year those delays led U.S. District Court Judge Cormac Carney in Orange County to issue a stunning \u003ca href=\"http://www.deathpenaltyinfo.org/documents/CarneyOrder.pdf\" target=\"_blank\">decision\u003c/a>: He said administration of California's death penalty is so dysfunctional that it no longer has any meaning and that the rare execution is determined not by the severity of the crime but by arbitrary factors like whose appeal process was exhausted first. That, he said, is unconstitutional. Carney's decision vacated the death sentence for convicted murderer Ernest Dewayne Jones.\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/221888110&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/221888110'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Attorney General Kamala Harris, who personally opposes the death penalty, appealed Carney's order. And Monday a \u003ca href=\"http://ww2.kqed.org/news/2015/08/30/9th-circuit-to-weigh-constitutionality-of-californias-death-penalty\">three-judge panel \u003c/a>heard arguments on both sides for the better part of an hour.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Arguing for the State Attorney General's Office, Michael Mongan acknowledged that the system is a lengthy one. He said that is in order to avoid mistakes.\u003c/p>\n\u003cp>“We do not believe that there's any evidence, not on this record or any we're aware of, that the system is arbitrary or random or leads to random results,” Mongan told the court. He went on to say that California insists on a careful review of death penalty cases, and that takes time.\u003c/p>\n\u003cp>But attorney Michael Laurence, representing Jones, said appeals drag on because California refuses to fund enough attorneys to represent death row inmates. The state's \u003ca href=\"http://oag.ca.gov/sites/all/files/agweb/pdfs/publications/deathpen.pdf\" target=\"_blank\">capital punishment process\u003c/a> provides for au automatic appeal of every death sentence to the California Supreme Court; federal appeals usually follow.\u003c/p>\n\u003cp>“The average time it takes in the state courts exceeds 20 years,” Laurence said. “I don't think it is a stretch to say that a system that produces such lengthy delays constitutes a gross malfunction of the criminal justice system.”\u003c/p>\n\u003cp>Laurence referred to a \u003ca href=\"http://deathpenalty.org/downloads/FINAL%20REPORT%20DEATH%20PENALTY%20ccfaj%20June%2030.2008.pdf\" target=\"_blank\">report\u003c/a> by the bipartisan Commission on the Fair Administration of Justice on how to fix a “dysfunctional” system, mainly with an infusion of funds to provide attorneys for death row inmates.\u003c/p>\n\u003cp>“That was 2008, and not one dime has been spent to fix this problem,” Laurence noted.\u003c/p>\n\u003cp>Truth is, with a governor and an attorney general who oppose the death penalty, along with the Democratic majority in the Legislature, death penalty opponents may figure that starving the legal appeals process for condemned inmates will slow it down enough to essentially invalidate it.\u003c/p>\n\u003cp>The state has also responded very slowly to a \u003ca href=\"http://www.deathpenaltyinfo.org/CalifLethalInjection.pdf\" target=\"_blank\">2006 order\u003c/a> by U.S. District Court Judge Jeremy Fogel, who stopped executions until California’s lethal injection procedure was changed. Earlier this year the California Department of Corrections and Rehabilitation agreed to submit a new protocol for review by the end of October.\u003c/p>\n\u003cp>Much of Monday’s hearing focused on technical issues, including whether this case belonged in federal court at all. Attorneys for the state argued that the condemned inmate must exhaust all his appeals in \u003cem>state\u003c/em> court first. It's unclear where the justices will come down on that.\u003c/p>\n\u003cp>(As an aside, all three judges in the panel were appointed by Democratic presidents, two by Bill Clinton and one by Barack Obama. But any legal expert will say you can't read tea leaves based on that alone.)\u003c/p>\n\u003cp>After today’s oral arguments, Santa Clara University Law School Professor Ellen Kreitzberg said that if the lower court decision vacating Jones' sentence is upheld, it will lead to many more lawsuits -- even if it's appealed to the U.S. Supreme Court.\u003c/p>\n\u003cp>“Every person on death row in California will now raise the claim that the delay there, the whole process by which they're brought to execution in California is unconstitutional,” said Kreitzberg, “and these sentences of death should be converted to life without the possibility of parole.”\u003c/p>\n\u003cp>The delays outrage advocates for crime victims.\u003c/p>\n\u003cp>Kent Scheidegger, of the \u003ca href=\"http://www.cjlf.org/\" target=\"_blank\">Criminal Justice Legal Foundation \u003c/a>in Sacramento, predicted Judge Carney’s decision will be reversed. The silver lining, he said, is that the dysfunctional nature of the state’s capital punishment system has gotten renewed attention.\u003c/p>\n\u003cp>He hopes it may also rekindle interest in a ballot measure, once backed by three former California governors, to speed up the appeals process.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On the other hand, death penalty opponents are considering another ballot measure to ban capital punishment and convert all death sentences to life without the possibility of parole. In 2012 voters narrowly rejected a measure to do just that.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "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",
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"masters-of-scale": {
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},
"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"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?",
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"on-the-media": {
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"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"pbs-newshour": {
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},
"perspectives": {
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"order": 14
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
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},
"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
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},
"radiolab": {
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