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"content": "\u003cp>The Supreme Court has reversed the conviction of a Pennsylvania man who said violent messages he posted on Facebook were therapeutic, not true threats. Anthony Elonis was arrested by the FBI, which had been monitoring his posts.\u003c/p>\n\u003cp>At issue is the standard by which a lower court viewed rap lyrics and messages from Elonis, who often posted graphically violent language along with disclaimers that he was merely asserting his First Amendment rights.\u003c/p>\n\u003cp>As \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2014/06/20/323723127/supreme-court-facebook-delve-into-threatening-language\">we reported last year\u003c/a>, Elonis began posting violent messages after his wife of seven years left him in 2010. The messages he posted to Facebook prompted Elonis' now ex-wife to get a state protection order against him, and led his bosses to fire him from his job at an amusement park.\u003c/p>\n\u003cp>Elonis was charged with threatening his wife, a kindergarten class and law enforcement officers — including a female agent who visited his house to question him. All were subjects of rap-style lyrics he posted to Facebook, under the pseudonym Tone Dougie.\u003c/p>\n\u003cp>A jury convicted him on those counts, and Elonis was sentenced to more than three years in prison.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In court, the jury had been instructed to consider whether the government had proved that a reasonable person would view the messages as a threat. But Elonis sought a stricter standard that includes his state of mind: whether he had meant to issue a \"true threat.\" On Monday, the court agreed with Elonis.\u003c/p>\n\u003cp>The justices returned the case to the lower court for further proceedings.\u003c/p>\n\u003cp>Here's one example of Elonis' Facebook postings, quoted by the Supreme Court on Monday:\u003c/p>\n\u003cp>\"Fold up your [protection-from-abuse order] and put it in your pocket\u003cbr>\nIs it thick enough to stop a bullet?\u003cbr>\nTry to enforce an Order that was improperly granted in the first place\u003cbr>\nMe thinks the Judge needs an education on true threat jurisprudence\u003cbr>\nAnd prison time'll add zeros to my settlement . . .\u003cbr>\nAnd if worse comes to worse\u003cbr>\nI've got enough explosives\u003cbr>\nto take care of the State Police and the Sheriff 's Department.\"\u003c/p>\n\u003cp>In a lopsided vote, Chief Justice John Roberts, who wrote the majority opinion, was joined by Justices Antonin Scalia, Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Justice Samuel Alito concurred in part and dissented in part; Justice Clarence Thomas dissented.\u003c/p>\n\u003cp>Roberts wrote:\u003c/p>\n\u003cblockquote class=\"edTag\">\n\u003cdiv>\n\u003cp>\"At trial, Elonis testified that his posts emulated the rap lyrics of the well-known performer Eminem, some of which involve fantasies about killing his ex-wife. App. 225.\u003c/p>\n\u003cp>\"In Elonis's view, he had posted 'nothing ... that hasn't been said already.' Id., at 205. The Government presented as witnesses Elonis's wife and co-workers, all of whom said they felt afraid and viewed Elonis's posts as serious threats.\"\u003c/p>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>In his opinion, Alito faulted the majority for providing what he says is \"only a partial answer.\"\u003c/p>\n\u003cp>He wrote:\u003c/p>\n\u003cblockquote class=\"edTag\">\n\u003cdiv>\n\u003cp>\"The Court holds that the jury instructions in this case were defective because they required only negligence in conveying a threat. But the Court refuses to explain what type of intent was necessary. Did the jury need to find that Elonis had the purpose of conveying a true threat? Was it enough if he knew that his words conveyed such a threat? Would recklessness suffice? The Court declines to say. Attorneys and judges are left to guess.\"\u003c/p>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Thomas agreed with that sentiment, saying that the court's \"failure to decide throws everyone from appellate judges to everyday Facebook users into a state of uncertainty.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Supreme Court has reversed the conviction of a Pennsylvania man who said violent messages he posted on Facebook were therapeutic, not true threats. Anthony Elonis was arrested by the FBI, which had been monitoring his posts.\u003c/p>\n\u003cp>At issue is the standard by which a lower court viewed rap lyrics and messages from Elonis, who often posted graphically violent language along with disclaimers that he was merely asserting his First Amendment rights.\u003c/p>\n\u003cp>As \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2014/06/20/323723127/supreme-court-facebook-delve-into-threatening-language\">we reported last year\u003c/a>, Elonis began posting violent messages after his wife of seven years left him in 2010. The messages he posted to Facebook prompted Elonis' now ex-wife to get a state protection order against him, and led his bosses to fire him from his job at an amusement park.\u003c/p>\n\u003cp>Elonis was charged with threatening his wife, a kindergarten class and law enforcement officers — including a female agent who visited his house to question him. All were subjects of rap-style lyrics he posted to Facebook, under the pseudonym Tone Dougie.\u003c/p>\n\u003cp>A jury convicted him on those counts, and Elonis was sentenced to more than three years in prison.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In court, the jury had been instructed to consider whether the government had proved that a reasonable person would view the messages as a threat. But Elonis sought a stricter standard that includes his state of mind: whether he had meant to issue a \"true threat.\" On Monday, the court agreed with Elonis.\u003c/p>\n\u003cp>The justices returned the case to the lower court for further proceedings.\u003c/p>\n\u003cp>Here's one example of Elonis' Facebook postings, quoted by the Supreme Court on Monday:\u003c/p>\n\u003cp>\"Fold up your [protection-from-abuse order] and put it in your pocket\u003cbr>\nIs it thick enough to stop a bullet?\u003cbr>\nTry to enforce an Order that was improperly granted in the first place\u003cbr>\nMe thinks the Judge needs an education on true threat jurisprudence\u003cbr>\nAnd prison time'll add zeros to my settlement . . .\u003cbr>\nAnd if worse comes to worse\u003cbr>\nI've got enough explosives\u003cbr>\nto take care of the State Police and the Sheriff 's Department.\"\u003c/p>\n\u003cp>In a lopsided vote, Chief Justice John Roberts, who wrote the majority opinion, was joined by Justices Antonin Scalia, Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Justice Samuel Alito concurred in part and dissented in part; Justice Clarence Thomas dissented.\u003c/p>\n\u003cp>Roberts wrote:\u003c/p>\n\u003cblockquote class=\"edTag\">\n\u003cdiv>\n\u003cp>\"At trial, Elonis testified that his posts emulated the rap lyrics of the well-known performer Eminem, some of which involve fantasies about killing his ex-wife. App. 225.\u003c/p>\n\u003cp>\"In Elonis's view, he had posted 'nothing ... that hasn't been said already.' Id., at 205. The Government presented as witnesses Elonis's wife and co-workers, all of whom said they felt afraid and viewed Elonis's posts as serious threats.\"\u003c/p>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>In his opinion, Alito faulted the majority for providing what he says is \"only a partial answer.\"\u003c/p>\n\u003cp>He wrote:\u003c/p>\n\u003cblockquote class=\"edTag\">\n\u003cdiv>\n\u003cp>\"The Court holds that the jury instructions in this case were defective because they required only negligence in conveying a threat. But the Court refuses to explain what type of intent was necessary. Did the jury need to find that Elonis had the purpose of conveying a true threat? Was it enough if he knew that his words conveyed such a threat? Would recklessness suffice? The Court declines to say. Attorneys and judges are left to guess.\"\u003c/p>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Thomas agreed with that sentiment, saying that the court's \"failure to decide throws everyone from appellate judges to everyday Facebook users into a state of uncertainty.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Public Defenders Teach Oakland Youth How to Safely Interact With Police",
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"content": "\u003cp>When two public defenders in their high-powered courtroom outfits enter an 11th-grade history class at Oakland Tech, there's tension in the air.\u003c/p>\n\u003cp>Students whisper, “Are they cops?” And they relax when they realize, no, they're \u003cem>lawyers.\u003c/em>\u003c/p>\n\u003cp>If Brendon Woods and Jennie Otis have their way, they'll be role models, too.\u003c/p>\n\u003cp>The Alameda County Public Defender's Office is teaching kids in area high schools about their rights and how to interact safely with police.\u003c/p>\n\u003cp>The county's first-of-its-kind program is gaining traction after recent protests against police brutality and racial profiling.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Good morning, My name is Brendon Woods, Jennie's boss,” Woods says, introducing himself to the class as Alameda County's first African-American public defender.\u003c/p>\n\u003cp>“We're here to talk to you about \u003ca href=\"http://www.co.alameda.ca.us/defender/services/lyric.htm\">L.Y.R.I.C.\u003c/a>”\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/207663995&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>He tells the class of mostly black and brown students that the L.Y.R.I.C. program stands for Learn Your Rights in California. He says it’s something that has personal meaning for him.\u003c/p>\n\u003cp>“Because when I was your guys’ age, I got stopped and harassed all the time,” Woods explains. “And it's important for me to make sure that you guys know your rights and are able to assert them.”\u003c/p>\n\u003cp>Deputy Assistant Public Defender Jennie Otis hopes that helps keep kids out of the system.\u003c/p>\n\u003cp>“I think it plays many roles,\" Otis says. \"One is hopefully to reduce our clientele.”\u003c/p>\n\u003cp>Public defenders are here for two hours every Friday, using skits and role-playing to teach the students.\u003c/p>\n\u003cp>\u003cstrong>National Spotlight on Interactions with Law Enforcement\u003c/strong>\u003c/p>\n\u003cp>While the program started last spring, Woods and Otis say kids are more engaged than ever, thanks to the spotlight on recent events in Ferguson, New York and Baltimore in which young black men were killed by white police officers.\u003c/p>\n\u003cp>Those events raise questions, such as: “The dude that got choked and he died, he had a friend that was recording ...”\u003c/p>\n\u003cp>Early on, one student asks whether you can get in trouble for filming \u003ca href=\"https://www.youtube.com/watch?v=LfXqYwyzQpM\">video\u003c/a> of a police encounter like the one involving Eric Garner, the unarmed New Yorker who died in police custody.\u003c/p>\n\u003cp>“So, if you're further away and recording, it can be OK. It really depends on the officer's interpretation as to whether you're actually interfering with the investigation or arrest,” explains Woods.\u003c/p>\n\u003cp>It turns out the students, like most people, are pretty fuzzy on even the basics.\u003c/p>\n\u003cp>“So, true or false,” asks Otis. “I have to speak to a police officer just because he or she wants to talk to me. Who thinks that's true?”\u003c/p>\n\u003cp>False … with a caveat: You do have to provide your name and date of birth.\u003c/p>\n\u003cp>Even so, Otis tells the class you can't just walk away until you confirm you're not being detained.\u003c/p>\n\u003cp>“What we recommend is that as soon as a police officer comes up and begins talking to you, that you say, ‘Am I free to go?’ \" says Otis. “And if the officer says yes, then we recommend you say, 'Thank you, officer,' and go on your way.”\u003c/p>\n\u003cp>Many kids are inclined to comply with authority figures, which can get them into trouble. To help them get comfortable with asserting their rights, Woods and Otis role-play with students, like Yonatan Daniel.\u003c/p>\n\u003cp>“Nice day today?” asks Woods, playing a police officer.\u003c/p>\n\u003cp>“Ya, it's good,” answers Daniel\u003c/p>\n\u003cp>“Where you coming from?” continues Woods.\u003c/p>\n\u003cp>“Over there,” says Daniel.\u003c/p>\n\u003cp>“Over there? What friends were you with?” asks Woods.\u003c/p>\n\u003cp>“I was with my brother,” answers Daniel, as others students in the class begin to shout that he’s giving up too much information.\u003c/p>\n\u003cp>“What's your brother's name?” persists Woods.\u003c/p>\n\u003cp>“Jamari,” says Daniel.\u003c/p>\n\u003cp>“Jamari what?” Woods asks just before Otis interrupts with a “Timeout!”\u003c/p>\n\u003cp>Otis explains that sort of over-sharing can quickly and needlessly escalate a situation. Say, two men committed a robbery \"over there,\" and you happen to be holding a big bag.\u003c/p>\n\u003cp>\u003cstrong>Practice is Key\u003c/strong>\u003c/p>\n\u003cp>The key for kids like Daniel and classmate Hyniah Johnson, who says she had a similar experience just this week, is practice.\u003c/p>\n\u003cp>“Am I free to go?” asks Johnson, to Otis’ praise.\u003c/p>\n\u003cp>“Good. How does that feel?” asks Otis.\u003c/p>\n\u003cp>“It was weird,” admits Johnson, “but it felt better than Wednesday.”\u003c/p>\n\u003cp>They also talk to kids about what to do when the answer is, \"No, you're not free to go.\"\u003c/p>\n\u003cp>“When he says, ‘Give me your bag’, what do you do?” Otis polls the class.\u003c/p>\n\u003cp>“Give it to him!” they shout.\u003c/p>\n\u003cp>“And?” she asks.\u003c/p>\n\u003cp>“I do not consent to this search,” they answer in unison.\u003c/p>\n\u003cp>“Do you pull away? Do you slap his hand?” asks Woods.\u003c/p>\n\u003cp>“No!” they laugh.\u003c/p>\n\u003cp>\u003cstrong>Magic Words\u003c/strong>\u003c/p>\n\u003cp>Finally, Woods says he wants them to remember what he calls magic words: “I have the right to remain silent” and “I want a lawyer.”\u003c/p>\n\u003cp>Daniel says the lesson is relevant to him and his peers.\u003c/p>\n\u003cp>“I think it is because some of us actually do get stopped by police for stuff, even if we don't do something,” Daniel says.\u003c/p>\n\u003cp>A spokesman for the Oakland Police Department agrees these are the sorts of conversations that need to be had.\u003c/p>\n\u003cp>Meanwhile, the man who brought the program to Oakland Tech, counselor and former coach Eric Clayton, says he's eager to have the program in more classes.\u003c/p>\n\u003cp>“You know, it's stemming the tide,” says Clayton, “That's what we're trying to do, stem the tide by education. And they're doing a phenomenal job.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As the class wraps up, the students each get a small card to remind them of their rights. Clayton takes a handful, enough for each of his five sons.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When two public defenders in their high-powered courtroom outfits enter an 11th-grade history class at Oakland Tech, there's tension in the air.\u003c/p>\n\u003cp>Students whisper, “Are they cops?” And they relax when they realize, no, they're \u003cem>lawyers.\u003c/em>\u003c/p>\n\u003cp>If Brendon Woods and Jennie Otis have their way, they'll be role models, too.\u003c/p>\n\u003cp>The Alameda County Public Defender's Office is teaching kids in area high schools about their rights and how to interact safely with police.\u003c/p>\n\u003cp>The county's first-of-its-kind program is gaining traction after recent protests against police brutality and racial profiling.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Good morning, My name is Brendon Woods, Jennie's boss,” Woods says, introducing himself to the class as Alameda County's first African-American public defender.\u003c/p>\n\u003cp>“We're here to talk to you about \u003ca href=\"http://www.co.alameda.ca.us/defender/services/lyric.htm\">L.Y.R.I.C.\u003c/a>”\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/207663995&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>He tells the class of mostly black and brown students that the L.Y.R.I.C. program stands for Learn Your Rights in California. He says it’s something that has personal meaning for him.\u003c/p>\n\u003cp>“Because when I was your guys’ age, I got stopped and harassed all the time,” Woods explains. “And it's important for me to make sure that you guys know your rights and are able to assert them.”\u003c/p>\n\u003cp>Deputy Assistant Public Defender Jennie Otis hopes that helps keep kids out of the system.\u003c/p>\n\u003cp>“I think it plays many roles,\" Otis says. \"One is hopefully to reduce our clientele.”\u003c/p>\n\u003cp>Public defenders are here for two hours every Friday, using skits and role-playing to teach the students.\u003c/p>\n\u003cp>\u003cstrong>National Spotlight on Interactions with Law Enforcement\u003c/strong>\u003c/p>\n\u003cp>While the program started last spring, Woods and Otis say kids are more engaged than ever, thanks to the spotlight on recent events in Ferguson, New York and Baltimore in which young black men were killed by white police officers.\u003c/p>\n\u003cp>Those events raise questions, such as: “The dude that got choked and he died, he had a friend that was recording ...”\u003c/p>\n\u003cp>Early on, one student asks whether you can get in trouble for filming \u003ca href=\"https://www.youtube.com/watch?v=LfXqYwyzQpM\">video\u003c/a> of a police encounter like the one involving Eric Garner, the unarmed New Yorker who died in police custody.\u003c/p>\n\u003cp>“So, if you're further away and recording, it can be OK. It really depends on the officer's interpretation as to whether you're actually interfering with the investigation or arrest,” explains Woods.\u003c/p>\n\u003cp>It turns out the students, like most people, are pretty fuzzy on even the basics.\u003c/p>\n\u003cp>“So, true or false,” asks Otis. “I have to speak to a police officer just because he or she wants to talk to me. Who thinks that's true?”\u003c/p>\n\u003cp>False … with a caveat: You do have to provide your name and date of birth.\u003c/p>\n\u003cp>Even so, Otis tells the class you can't just walk away until you confirm you're not being detained.\u003c/p>\n\u003cp>“What we recommend is that as soon as a police officer comes up and begins talking to you, that you say, ‘Am I free to go?’ \" says Otis. “And if the officer says yes, then we recommend you say, 'Thank you, officer,' and go on your way.”\u003c/p>\n\u003cp>Many kids are inclined to comply with authority figures, which can get them into trouble. To help them get comfortable with asserting their rights, Woods and Otis role-play with students, like Yonatan Daniel.\u003c/p>\n\u003cp>“Nice day today?” asks Woods, playing a police officer.\u003c/p>\n\u003cp>“Ya, it's good,” answers Daniel\u003c/p>\n\u003cp>“Where you coming from?” continues Woods.\u003c/p>\n\u003cp>“Over there,” says Daniel.\u003c/p>\n\u003cp>“Over there? What friends were you with?” asks Woods.\u003c/p>\n\u003cp>“I was with my brother,” answers Daniel, as others students in the class begin to shout that he’s giving up too much information.\u003c/p>\n\u003cp>“What's your brother's name?” persists Woods.\u003c/p>\n\u003cp>“Jamari,” says Daniel.\u003c/p>\n\u003cp>“Jamari what?” Woods asks just before Otis interrupts with a “Timeout!”\u003c/p>\n\u003cp>Otis explains that sort of over-sharing can quickly and needlessly escalate a situation. Say, two men committed a robbery \"over there,\" and you happen to be holding a big bag.\u003c/p>\n\u003cp>\u003cstrong>Practice is Key\u003c/strong>\u003c/p>\n\u003cp>The key for kids like Daniel and classmate Hyniah Johnson, who says she had a similar experience just this week, is practice.\u003c/p>\n\u003cp>“Am I free to go?” asks Johnson, to Otis’ praise.\u003c/p>\n\u003cp>“Good. How does that feel?” asks Otis.\u003c/p>\n\u003cp>“It was weird,” admits Johnson, “but it felt better than Wednesday.”\u003c/p>\n\u003cp>They also talk to kids about what to do when the answer is, \"No, you're not free to go.\"\u003c/p>\n\u003cp>“When he says, ‘Give me your bag’, what do you do?” Otis polls the class.\u003c/p>\n\u003cp>“Give it to him!” they shout.\u003c/p>\n\u003cp>“And?” she asks.\u003c/p>\n\u003cp>“I do not consent to this search,” they answer in unison.\u003c/p>\n\u003cp>“Do you pull away? Do you slap his hand?” asks Woods.\u003c/p>\n\u003cp>“No!” they laugh.\u003c/p>\n\u003cp>\u003cstrong>Magic Words\u003c/strong>\u003c/p>\n\u003cp>Finally, Woods says he wants them to remember what he calls magic words: “I have the right to remain silent” and “I want a lawyer.”\u003c/p>\n\u003cp>Daniel says the lesson is relevant to him and his peers.\u003c/p>\n\u003cp>“I think it is because some of us actually do get stopped by police for stuff, even if we don't do something,” Daniel says.\u003c/p>\n\u003cp>A spokesman for the Oakland Police Department agrees these are the sorts of conversations that need to be had.\u003c/p>\n\u003cp>Meanwhile, the man who brought the program to Oakland Tech, counselor and former coach Eric Clayton, says he's eager to have the program in more classes.\u003c/p>\n\u003cp>“You know, it's stemming the tide,” says Clayton, “That's what we're trying to do, stem the tide by education. And they're doing a phenomenal job.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As the class wraps up, the students each get a small card to remind them of their rights. Clayton takes a handful, enough for each of his five sons.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "CHP Arrests Man Wanted in Wrong-Way Chase, Berkeley Crash",
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"content": "\u003cp>A Concord man, who reportedly drove the wrong way for 30 miles on East Bay freeways earlier this month and fled from authorities after crashing into another motorist in Berkeley, has been arrested.\u003c/p>\n\u003cp>The California Highway Patrol arrested Jerome Wingert, 33, at around 3:10 a.m. Wednesday at a Berkeley hotel. The arrest was made by CHP officers with assistance from Berkeley police, according to CHP spokesman Officer Clayton Nett.\u003c/p>\n\u003cp>Wingert has been involved in at least two other high-profile pursuits with Bay Area law enforcement agencies over the past seven years, according to media reports.\u003c/p>\n\u003cp>The recent chase began at 11:30 p.m. Sunday, May 17, in Concord when police there spotted Wingert in a Honda Accord that had been reported stolen, according to Officer Sean Wilkenfeld, a CHP spokesman. Wingert evaded officers, the CHP says, traveling in the wrong direction on the freeway for about 30 miles, before exiting in Berkeley. There, police say he crashed into an SUV near the corner of Hearst Avenue and California Street. The SUV's driver, Zaya Yaro, 45, of Santa Clara, suffered minor injuries in the collision.\u003c/p>\n\u003cp>Officers aided by a CHP helicopter and a Richmond police canine searched the neighborhood for several hours, but he managed to avoid capture. The California Highway Patrol says it continued to investigate the incident and ultimately identified Wingert as the driver of the stolen Honda.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to police scanner recordings, Wingert called the CHP as officers followed him and told them to call off the pursuit. He told dispatchers he did not want to go back to jail.\u003c/p>\n\u003cp>\u003cstrong>Accounts of Two Earlier Chases\u003c/strong>\u003c/p>\n\u003cp>In 2008 and 2011, Wingert made headlines after high-profile chases in Lafayette and Martinez that culminated in his arrest.\u003c/p>\n\u003cp>In 2008, he allegedly crashed a stolen vehicle in Lafayette, then jumped onto the roof of a passing SUV to try to get away from officers. He managed to cling to the roof for several minutes before an officer stopped the vehicle and took Wingert into custody on suspicion of felony evading, carrying a loaded firearm and possession of stolen property, \u003ca href=\"http://www.contracostatimes.com/ci_9877997\" target=\"_blank\">according to the Contra Costa Times\u003c/a>. Authorities said, in that incident, Wingert also took to the freeway, driving against traffic to try to escape capture.\u003c/p>\n\u003cp>Three years later, Wingert was involved in \u003ca href=\"http://patch.com/california/martinez/wild-chase-ends-in-arrest-of-two-suspects\" target=\"_blank\">another chase\u003c/a> that led a Contra Costa sheriff's spokeswoman to describe him as “a menace ... wanted by several agencies for several things.”\u003c/p>\n\u003cp>That June 2011 chase involved four law enforcement agencies who had tried to arrest Wingert on suspicion of armed robbery. Wingert led officers on a “wild chase through two cities and a freeway” after they tried to stop him in Concord, according to media reports.\u003c/p>\n\u003cp>At one point in the 2011 chase, Wingert was involved in a wrong-way chase on Highway 4. Police ultimately arrested him and another man, Nicholas Haro, in Martinez after they got off the freeway. According to Martinez Patch, “Both men asked for medical assistance shortly after being stopped ... claiming that they were suffering from anxiety attacks.”\u003c/p>\n\u003cp>The men were arrested in that case on suspicion of being parolees at large, robbery, burglary, fleeing and resisting arrest, according to the Martinez News-Gazette. A reporter for that paper wrote \u003ca href=\"http://martineznews-gazette.com/index.php?option=com_content&view=article&id=7252:two-arrested-after-death-defying-police-chase&catid=187:crime&Itemid=81#.VVqCXZNVikp\" target=\"_blank\">a firsthand account\u003c/a> of nearly colliding with Wingert as he barreled toward her on the freeway while fleeing from police at an estimated 120 mph.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Support independent local journalism by \u003c/b>\u003ca href=\"http://www.berkeleyside.com/support-berkeleyside/\">\u003cb>becoming a Berkeleyside member\u003c/b>\u003c/a>\u003cb>. Members enjoy lots of perks, like invitations to member-only events, and an annual party.\u003c/b>\u003c/p>\n\n",
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"excerpt": "30-mile pursuit through East Bay ended in a collision and nightlong manhunt for fugitive driver. ",
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"nprByline": "\u003cstrong>\u003ca href=\"http://www.berkeleyside.com/author/emilie/\" target=\"_blank\">Emilie Raguso\u003c/a>\u003cbr />Berkeleyside\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Concord man, who reportedly drove the wrong way for 30 miles on East Bay freeways earlier this month and fled from authorities after crashing into another motorist in Berkeley, has been arrested.\u003c/p>\n\u003cp>The California Highway Patrol arrested Jerome Wingert, 33, at around 3:10 a.m. Wednesday at a Berkeley hotel. The arrest was made by CHP officers with assistance from Berkeley police, according to CHP spokesman Officer Clayton Nett.\u003c/p>\n\u003cp>Wingert has been involved in at least two other high-profile pursuits with Bay Area law enforcement agencies over the past seven years, according to media reports.\u003c/p>\n\u003cp>The recent chase began at 11:30 p.m. Sunday, May 17, in Concord when police there spotted Wingert in a Honda Accord that had been reported stolen, according to Officer Sean Wilkenfeld, a CHP spokesman. Wingert evaded officers, the CHP says, traveling in the wrong direction on the freeway for about 30 miles, before exiting in Berkeley. There, police say he crashed into an SUV near the corner of Hearst Avenue and California Street. The SUV's driver, Zaya Yaro, 45, of Santa Clara, suffered minor injuries in the collision.\u003c/p>\n\u003cp>Officers aided by a CHP helicopter and a Richmond police canine searched the neighborhood for several hours, but he managed to avoid capture. The California Highway Patrol says it continued to investigate the incident and ultimately identified Wingert as the driver of the stolen Honda.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to police scanner recordings, Wingert called the CHP as officers followed him and told them to call off the pursuit. He told dispatchers he did not want to go back to jail.\u003c/p>\n\u003cp>\u003cstrong>Accounts of Two Earlier Chases\u003c/strong>\u003c/p>\n\u003cp>In 2008 and 2011, Wingert made headlines after high-profile chases in Lafayette and Martinez that culminated in his arrest.\u003c/p>\n\u003cp>In 2008, he allegedly crashed a stolen vehicle in Lafayette, then jumped onto the roof of a passing SUV to try to get away from officers. He managed to cling to the roof for several minutes before an officer stopped the vehicle and took Wingert into custody on suspicion of felony evading, carrying a loaded firearm and possession of stolen property, \u003ca href=\"http://www.contracostatimes.com/ci_9877997\" target=\"_blank\">according to the Contra Costa Times\u003c/a>. Authorities said, in that incident, Wingert also took to the freeway, driving against traffic to try to escape capture.\u003c/p>\n\u003cp>Three years later, Wingert was involved in \u003ca href=\"http://patch.com/california/martinez/wild-chase-ends-in-arrest-of-two-suspects\" target=\"_blank\">another chase\u003c/a> that led a Contra Costa sheriff's spokeswoman to describe him as “a menace ... wanted by several agencies for several things.”\u003c/p>\n\u003cp>That June 2011 chase involved four law enforcement agencies who had tried to arrest Wingert on suspicion of armed robbery. Wingert led officers on a “wild chase through two cities and a freeway” after they tried to stop him in Concord, according to media reports.\u003c/p>\n\u003cp>At one point in the 2011 chase, Wingert was involved in a wrong-way chase on Highway 4. Police ultimately arrested him and another man, Nicholas Haro, in Martinez after they got off the freeway. According to Martinez Patch, “Both men asked for medical assistance shortly after being stopped ... claiming that they were suffering from anxiety attacks.”\u003c/p>\n\u003cp>The men were arrested in that case on suspicion of being parolees at large, robbery, burglary, fleeing and resisting arrest, according to the Martinez News-Gazette. A reporter for that paper wrote \u003ca href=\"http://martineznews-gazette.com/index.php?option=com_content&view=article&id=7252:two-arrested-after-death-defying-police-chase&catid=187:crime&Itemid=81#.VVqCXZNVikp\" target=\"_blank\">a firsthand account\u003c/a> of nearly colliding with Wingert as he barreled toward her on the freeway while fleeing from police at an estimated 120 mph.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Support independent local journalism by \u003c/b>\u003ca href=\"http://www.berkeleyside.com/support-berkeleyside/\">\u003cb>becoming a Berkeleyside member\u003c/b>\u003c/a>\u003cb>. Members enjoy lots of perks, like invitations to member-only events, and an annual party.\u003c/b>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Alameda County Races the Clock to Help Ex-Cons Benefit From Prop. 47",
"title": "Alameda County Races the Clock to Help Ex-Cons Benefit From Prop. 47",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>A new state law gives people with certain low-level felonies three years to reduce their convictions to misdemeanors.\u003c/p>\n\u003cp>More than 3,000 people behind bars were the first to benefit from \u003ca href=\"http://www.safeandjust.org/recordchange\">Proposition 47\u003c/a>. Now counties like Alameda are racing the clock to track down \u003cem>ex-offenders,\u003c/em> in the hopes of giving them a chance to change their records.\u003c/p>\n\u003cp>If there's one person passionate about tracking down eligible felons, it's Jill Jenkins. She's working as an intern at the \u003ca href=\"http://www.co.alameda.ca.us/defender/services/prop47faq.htm\">Alameda County Public Defender's Office\u003c/a> -- something she says she never could have envisioned in her darker, drug-addicted moments.\u003c/p>\n\u003cp>Back then, she was a newly single young mom, who was hooked on crack.\u003c/p>\n\u003cp>\"I didn't have any support, no therapist, no friends that I could really talk to to help me go through the fact that I was being abandoned with these children,\" says Jenkins. \"So I resorted to what was comfortable.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As Jenkins' habit grew, so did her criminal record -- mostly with petty crimes. Her last offense was stealing a sandwich. With priors, it was considered a felony.\u003c/p>\n\u003cp>[contextly_sidebar id=\"QfN7oNFtFvtYRXAiX3kz4sCrRNtvkHLx\"]\u003c/p>\n\u003cp>\"When I was in my addiction, I thought I was going to die in my addiction,\" Jenkins says. \"I really didn't even care if I lived or died.\"\u003c/p>\n\u003cp>Given the choice, she opted for a year of rehabilitation instead of jail time. Finally clean, her minister encouraged her to campaign for Prop. 47. When it passed, she was one of the first people on probation to get her conviction bumped down to a misdemeanor, and then wiped clean.\u003c/p>\n\u003cp>Jenkins is now a woman on a mission. From her cubicle in a mid-floor high-rise, she gets a call from the father of an ex-felon she's been trying to reach.\u003c/p>\n\u003cp>\"It is very important,\" Jenkins assures him. \"Your son is on active probation.\"\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/207486389&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>She wants to help others on probation for low-level felonies like crack possession or petty theft get to a judge before the law’s three-year window runs out.\u003c/p>\n\u003cp>\"I've even found myself at the gas station pumps [asking], 'Do you know any felons?' \" Jenkins says with a laugh.\u003c/p>\n\u003cp>Connecting with Alameda County's 5,000 or so Prop. 47-eligible probationers, many of whom are transient, isn’t easy. Even when she does make contact, getting them to listen can be a challenge.\u003c/p>\n\u003cp>Probation is typically five years of fragile freedom, where one wrong move could land you back behind bars. Jenkins says she tries to explain how getting a new sentence that reduces your felony to a misdemeanor can improve your chances of settling into your community and finding a job.\u003c/p>\n\u003cp>\"So that's why I was trying to explain,\" says Jenkins. \"A lot of people don’t know.\"\u003c/p>\n\u003cp>As she points to the spreadsheet on her computer, it’s clear her years in the system are a big advantage.\u003c/p>\n\u003cp>\"Of the 5,000, I'd say I know 10 percent of the people. And I'm like, 'Hey, I know that person, I know that person,' \" says Jenkins.\u003c/p>\n\u003cp>Senior Assistant Public Defender Jody Nunez says their effort to reach former offenders has been slow going -- only 150 people so far. But she hopes new outreach sessions at the probation office will help them reach more.\u003c/p>\n\u003cp>\"They've got that felony conviction, and it just makes it difficult for them,\" says Nunez. \"They also don't often have the level of education.\"\u003c/p>\n\u003cp>The pool of jobs that ex-cons are qualified for is already very limited.\u003c/p>\n\u003cp>\"Many employers do the background checks and see the felony,\" says Nunez. \"They’ve got other applicants, and they just won't even consider you.\"\u003c/p>\n\u003cp>\u003cstrong>Changing Times Have Made It Difficult for Ex-Cons\u003c/strong>\u003cbr>\nDoes the \"time for your crime\" ever end in the modern era?\u003c/p>\n\u003cp>\u003ca href=\"https://ebclc.org/cleanSlate.php\">East Bay Community Law Center\u003c/a> Executive Director Tirien Steinbach says the new law, which passed in November, helps bridge a disconnect between old values and modern technology.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Now that my felony's been eliminated, I guess it's like having freedom papers.'\u003cbr>\n\u003ccite>Jill Jenkins\u003c/cite>\u003c/aside>\n\u003cp>\"Laws have actually been on the books to help people move on with their lives and re-enter the community since the '30s,\" says Steinbach. \"The idea is people got in trouble with the law and they did their time, we forgave them. That’s our culture.\"\u003c/p>\n\u003cp>But Steinbach says new technology eroded the ability to do the time for your crime and rejoin society unmarked.\u003c/p>\n\u003cp>\"So the law said, 'We will forgive you for what you’ve done.' The new reality was that we will do commercial background checks, the government will do background checks, once a con always a con, and that’s it,\" Steinbach says.\u003c/p>\n\u003cp>She says Prop. 47 is a big deal because it not only moves the state away from hefty sentences for minor crimes, but it also offers hope that the public may be ready to revisit other barriers facing ex-cons — such as bars on professional licenses.\u003c/p>\n\u003cp>Jenkins says she’s just eager to see other ex-cons get a second chance, too.\u003c/p>\n\u003cp>\"Now that my felony's been eliminated, I guess it's like having freedom papers,\" Jenkins says.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The public defender’s office and other Prop. 47 advocates say the next challenge will be locating people who have already completed their probation and jail time, often decades ago.\u003c/p>\n\n",
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"datePublished": "2015-05-27T06:00:07-07:00",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new state law gives people with certain low-level felonies three years to reduce their convictions to misdemeanors.\u003c/p>\n\u003cp>More than 3,000 people behind bars were the first to benefit from \u003ca href=\"http://www.safeandjust.org/recordchange\">Proposition 47\u003c/a>. Now counties like Alameda are racing the clock to track down \u003cem>ex-offenders,\u003c/em> in the hopes of giving them a chance to change their records.\u003c/p>\n\u003cp>If there's one person passionate about tracking down eligible felons, it's Jill Jenkins. She's working as an intern at the \u003ca href=\"http://www.co.alameda.ca.us/defender/services/prop47faq.htm\">Alameda County Public Defender's Office\u003c/a> -- something she says she never could have envisioned in her darker, drug-addicted moments.\u003c/p>\n\u003cp>Back then, she was a newly single young mom, who was hooked on crack.\u003c/p>\n\u003cp>\"I didn't have any support, no therapist, no friends that I could really talk to to help me go through the fact that I was being abandoned with these children,\" says Jenkins. \"So I resorted to what was comfortable.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As Jenkins' habit grew, so did her criminal record -- mostly with petty crimes. Her last offense was stealing a sandwich. With priors, it was considered a felony.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"When I was in my addiction, I thought I was going to die in my addiction,\" Jenkins says. \"I really didn't even care if I lived or died.\"\u003c/p>\n\u003cp>Given the choice, she opted for a year of rehabilitation instead of jail time. Finally clean, her minister encouraged her to campaign for Prop. 47. When it passed, she was one of the first people on probation to get her conviction bumped down to a misdemeanor, and then wiped clean.\u003c/p>\n\u003cp>Jenkins is now a woman on a mission. From her cubicle in a mid-floor high-rise, she gets a call from the father of an ex-felon she's been trying to reach.\u003c/p>\n\u003cp>\"It is very important,\" Jenkins assures him. \"Your son is on active probation.\"\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/207486389&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>She wants to help others on probation for low-level felonies like crack possession or petty theft get to a judge before the law’s three-year window runs out.\u003c/p>\n\u003cp>\"I've even found myself at the gas station pumps [asking], 'Do you know any felons?' \" Jenkins says with a laugh.\u003c/p>\n\u003cp>Connecting with Alameda County's 5,000 or so Prop. 47-eligible probationers, many of whom are transient, isn’t easy. Even when she does make contact, getting them to listen can be a challenge.\u003c/p>\n\u003cp>Probation is typically five years of fragile freedom, where one wrong move could land you back behind bars. Jenkins says she tries to explain how getting a new sentence that reduces your felony to a misdemeanor can improve your chances of settling into your community and finding a job.\u003c/p>\n\u003cp>\"So that's why I was trying to explain,\" says Jenkins. \"A lot of people don’t know.\"\u003c/p>\n\u003cp>As she points to the spreadsheet on her computer, it’s clear her years in the system are a big advantage.\u003c/p>\n\u003cp>\"Of the 5,000, I'd say I know 10 percent of the people. And I'm like, 'Hey, I know that person, I know that person,' \" says Jenkins.\u003c/p>\n\u003cp>Senior Assistant Public Defender Jody Nunez says their effort to reach former offenders has been slow going -- only 150 people so far. But she hopes new outreach sessions at the probation office will help them reach more.\u003c/p>\n\u003cp>\"They've got that felony conviction, and it just makes it difficult for them,\" says Nunez. \"They also don't often have the level of education.\"\u003c/p>\n\u003cp>The pool of jobs that ex-cons are qualified for is already very limited.\u003c/p>\n\u003cp>\"Many employers do the background checks and see the felony,\" says Nunez. \"They’ve got other applicants, and they just won't even consider you.\"\u003c/p>\n\u003cp>\u003cstrong>Changing Times Have Made It Difficult for Ex-Cons\u003c/strong>\u003cbr>\nDoes the \"time for your crime\" ever end in the modern era?\u003c/p>\n\u003cp>\u003ca href=\"https://ebclc.org/cleanSlate.php\">East Bay Community Law Center\u003c/a> Executive Director Tirien Steinbach says the new law, which passed in November, helps bridge a disconnect between old values and modern technology.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Now that my felony's been eliminated, I guess it's like having freedom papers.'\u003cbr>\n\u003ccite>Jill Jenkins\u003c/cite>\u003c/aside>\n\u003cp>\"Laws have actually been on the books to help people move on with their lives and re-enter the community since the '30s,\" says Steinbach. \"The idea is people got in trouble with the law and they did their time, we forgave them. That’s our culture.\"\u003c/p>\n\u003cp>But Steinbach says new technology eroded the ability to do the time for your crime and rejoin society unmarked.\u003c/p>\n\u003cp>\"So the law said, 'We will forgive you for what you’ve done.' The new reality was that we will do commercial background checks, the government will do background checks, once a con always a con, and that’s it,\" Steinbach says.\u003c/p>\n\u003cp>She says Prop. 47 is a big deal because it not only moves the state away from hefty sentences for minor crimes, but it also offers hope that the public may be ready to revisit other barriers facing ex-cons — such as bars on professional licenses.\u003c/p>\n\u003cp>Jenkins says she’s just eager to see other ex-cons get a second chance, too.\u003c/p>\n\u003cp>\"Now that my felony's been eliminated, I guess it's like having freedom papers,\" Jenkins says.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The public defender’s office and other Prop. 47 advocates say the next challenge will be locating people who have already completed their probation and jail time, often decades ago.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Chicago Bears Drop Ex-49er Ray McDonald After Latest Arrest",
"title": "Chicago Bears Drop Ex-49er Ray McDonald After Latest Arrest",
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"content": "\u003cp>\u003cstrong>Update 2 p.m. Monday\u003c/strong>:\u003c/p>\n\u003cp>The Chicago Bears have released defensive end Ray McDonald about six hours after the ex-49er's most recent domestic violence arrest.\u003c/p>\n\u003cp>McDonald did not meet the expectations set out for him when he was signed, Bears General Manager Ryan Pace said in a statement released Monday afternoon.\u003c/p>\n\u003cp>https://twitter.com/ChicagoBears/status/602935017233317889\u003c/p>\n\u003cp>The 49ers released McDonald in December following another arrest, this time for sexual assault. Chicago signed McDonald to a one-year contract in late March.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>McDonald was taken into custody at 7 a.m. Monday on suspicion of domestic violence and child endangerment. Police say he assaulted a woman while she was holding a baby at his home in Santa Clara. He was found about three hours later at a home in San Jose and arrested. Police did not disclose if the woman or the baby were injured.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/Former-49ers-lineman-Ray-McDonald-arrested-in-6285161.php\" target=\"_blank\">San Francisco Chronicle dug up\u003c/a> police scanner audio that appears to shed some light on the call that sent officers to McDonald's Santa Clara home early Monday morning:\u003c/p>\n\u003cblockquote>\u003cp>Police did not release details, but scanner recordings reviewed by The Chronicle indicate that officers were sent to an apartment on Carlyle Court by the alleged victim’s mother. Dispatchers said the mother told them that McDonald, her daughter’s boyfriend, “was being violent” and had been drinking.\u003c/p>\n\u003cp>The caller told the dispatchers that the victim, who has an infant daughter, had locked herself in her bedroom but that McDonald had broken the door down. It’s not clear if the infant is also McDonald’s daughter.\u003c/p>\u003c/blockquote>\n\u003cp>Multiple news outlets are reporting McDonald's bail was set at $15,000.\u003c/p>\n\u003cp>https://twitter.com/MaioccoCSN/status/602943878157770754\u003c/p>\n\u003cp>\u003cstrong>Original post 11:45 a.m. Monday\u003c/strong>:\u003c/p>\n\u003cp>Several Bay Area media organizations are reporting that former San Francisco 49er Ray McDonald was arrested Monday morning on suspicion of domestic violence and child endangerment. Details are sketchy at this point, but Santa Clara Police Lieutenant Kurt Clarke told the \u003ca href=\"http://www.sfgate.com/crime/article/Former-49ers-lineman-Ray-McDonald-arrested-in-6285161.php\" target=\"_blank\">San Francisco Chronicle\u003c/a> that more information on the arrest would be released later today.\u003c/p>\n\u003cp>\u003cem>Update 12:01 p.m\u003c/em>. NBC Bay Area Tweeted the following this morning:\u003c/p>\n\u003cp>https://twitter.com/nbcbayarea/status/602911525754511360\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sacbee.com/sports/nfl/san-francisco-49ers/article22182444.html\" target=\"_blank\">Sacramento Bee\u003c/a> is reporting McDonald is currently being held at Santa Clara County jail and that the police report's address where McDonald was arrested belongs to recently retired 49ers defensive star Justin Smith.\u003c/p>\n\u003cp>The incident is the third in eight months in which McDonald has been accused of criminal violence. The first, in August, involved alleged domestic abuse at his home against his pregnant fiancee. In November, the Santa Clara County District Attorney’s Office \u003ca href=\"http://ww2.kqed.org/news/2014/11/10/report-49ers-ray-mcdonald-wont-be-charged-in-domestic-violence-case\" target=\"_blank\">announced it had insufficient evidence\u003c/a> to charge McDonald over that incident, citing a lack of cooperation from the alleged victim as well as a lack of other witnesses.\u003c/p>\n\u003cp>Before that case was dropped, the 49ers came under intense criticism for playing McDonald while the investigation was underway, especially considering a spate of high-profile, alleged criminal activity by NFL players, including a very ugly incident in which \u003ca href=\"https://www.google.com/search?q=ray+rice+elevator\" target=\"_blank\">Ray Rice knocked out his fiancee in an elevator\u003c/a> with a punch. Then-49ers coach Jim Harbaugh repeatedly defended the decision to play McDonald by saying \"due process\" had to be respected.\u003c/p>\n\u003cp>But when McDonald was arrested last December on suspicion of sexual assault, the 49ers decided they'd had enough, releasing him almost immediately after authorities announced an investigation. In that case, a woman claimed McDonald had sexually assaulted her after she fell and hit her head at his home. McDonald has claimed the sex was consensual. He has yet to be charged in the case, and he said in March that he will \u003ca href=\"http://profootballtalk.nbcsports.com/2015/03/16/ray-mcdonald-will-sue-the-woman-who-accused-him-of-rape/\" target=\"_blank\">sue the alleged victim\u003c/a> for falsely accusing him.\u003c/p>\n\u003cp>\u003ca href=\"http://www.nbcbayarea.com/news/local/Ray-McDonald-Arrested-Domestic-Violence-SJPD-Sources-304911011.html\" target=\"_blank\">NBC Bay Area\u003c/a> contacted McDonald's mother today in an attempt to learn more about her son's latest problems:\u003c/p>\n\u003cblockquote>\n\u003cp class=\"paragraph\">Reached by phone in Florida on Monday, McDonald's mother, LaBrina McDonald, told NBC Bay area that she knew nothing about the arrest. \"I'm not dealing with any more of this negative stuff,\" she said.\u003c/p>\n\u003cp class=\"paragraph\">She did say that McDonald's baby, Amari, was born in March to his ex-fiance and that sometimes he visited his newborn son in Silicon Valley. She believed the apartment is in Santa Clara.\u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cstrong>Playing for the Bears\u003c/strong>\u003c/p>\n\u003cp>McDonald was signed in the off-season by the Chicago Bears. Team owner George McCaskey said in March that he initially resisted his general manager's suggestion that the Bears sign McDonald, but that he had changed his mind after talking to the maligned defensive end. From \u003ca href=\"http://profootballtalk.nbcsports.com/2015/03/27/bears-owner-at-first-said-no-to-ray-mcdonald-then-changed-his-mind/\" target=\"_blank\">NBC Sports\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Ryan had asked me for permission to pursue him, and we had a file on him with the information that we had gathered,” McCaskey said. “I looked at the file and came back and said no. So Ryan said, ‘Fine, we’ll move onto the next guy.’ And then Ray . . . asked if I would be willing to meet with him and I said yes. The fact that he proposed that idea, I gave him a lot of credit for. He was very candid, very forthright. It was a difficult conversation. It was long. It took a lot out of me and I think it took a lot out of him. After that conversation, I told Ryan that he had our permission.”\u003c/p>\n\u003cp>So what did McDonald say to McCaskey to change his mind?\u003c/p>\n\u003cp>“He talked about these incidents which have become public knowledge and walked me through each one,” McCaskey said. “I don’t want to get too much into the particulars. I just want to give you a sense of the conversation. I was impressed with how sincere he was and how he motivated he is. He understands I think that he could have well been facing the end of his football career, and he loves football and he wants that career to continue. So I was impressed with his motivation.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://espn.go.com/video/clip?id=12950217\" target=\"_blank\">Criticism\u003c/a> of that decision in light of today's events has \u003ca href=\"http://sports.yahoo.com/blogs/nfl-shutdown-corner/chicago-bears-look-bad-after-ray-mcdonald-s-latest-arrest-175003267.html\" target=\"_blank\">already begun\u003c/a>.\u003c/p>\n\u003cp>About a month ago, McDonald spoke publicly about past accusations against him. The \u003ca href=\"http://www.chicagotribune.com/sports/football/bears/chi-ray-mcdonald-bears-minicamp-sexual-assault-20150428-story.html\" target=\"_blank\">Chicago Tribune\u003c/a> reported McDonald had this to say:\u003c/p>\n\u003cblockquote>\u003cp>“When you can look on TV and see all this negative stuff said about somebody and people can put stuff out there that’s not very credible, and it can assassinate someone’s character by doing that. But when you actually get a chance to meet someone and hear their side of the story, you get to get it for what it really is. ...\u003c/p>\n\u003cp>“I learned a lot from my previous situations, to keep my circle tight. You can’t trust everybody because everybody doesn’t have your best interests at heart. I learned that and I’m just here now to play ball and try to help this team win.\u003c/p>\n\u003cp>\"I just surround myself with people who care about me and have my best interest at heart. When you do that it’s hard for you to go wrong. That’s what I’ve been focusing on.”\u003c/p>\u003c/blockquote>\n\u003cp>No word yet on how the Bears might respond to the arrest. But the implication of this \u003ca href=\"https://twitter.com/JayGlazer/status/602892459908009984\" target=\"_blank\">Tweet\u003c/a> by Jay Glazer of FOX sports is that McDonald could very well be in big trouble with his new team:\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>https://twitter.com/JayGlazer/status/602892459908009984\u003cbr>\n\u003ca href=\"http://www.nfl.com/news/story/0ap3000000494037/article/ray-mcdonald-arrested-on-domestic-violence-charges\" target=\"_blank\">NFL.com\u003c/a> says McDonald makes $1.5 million, with none of the money guaranteed.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 2 p.m. Monday\u003c/strong>:\u003c/p>\n\u003cp>The Chicago Bears have released defensive end Ray McDonald about six hours after the ex-49er's most recent domestic violence arrest.\u003c/p>\n\u003cp>McDonald did not meet the expectations set out for him when he was signed, Bears General Manager Ryan Pace said in a statement released Monday afternoon.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The 49ers released McDonald in December following another arrest, this time for sexual assault. Chicago signed McDonald to a one-year contract in late March.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>McDonald was taken into custody at 7 a.m. Monday on suspicion of domestic violence and child endangerment. Police say he assaulted a woman while she was holding a baby at his home in Santa Clara. He was found about three hours later at a home in San Jose and arrested. Police did not disclose if the woman or the baby were injured.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/Former-49ers-lineman-Ray-McDonald-arrested-in-6285161.php\" target=\"_blank\">San Francisco Chronicle dug up\u003c/a> police scanner audio that appears to shed some light on the call that sent officers to McDonald's Santa Clara home early Monday morning:\u003c/p>\n\u003cblockquote>\u003cp>Police did not release details, but scanner recordings reviewed by The Chronicle indicate that officers were sent to an apartment on Carlyle Court by the alleged victim’s mother. Dispatchers said the mother told them that McDonald, her daughter’s boyfriend, “was being violent” and had been drinking.\u003c/p>\n\u003cp>The caller told the dispatchers that the victim, who has an infant daughter, had locked herself in her bedroom but that McDonald had broken the door down. It’s not clear if the infant is also McDonald’s daughter.\u003c/p>\u003c/blockquote>\n\u003cp>Multiple news outlets are reporting McDonald's bail was set at $15,000.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003cstrong>Original post 11:45 a.m. Monday\u003c/strong>:\u003c/p>\n\u003cp>Several Bay Area media organizations are reporting that former San Francisco 49er Ray McDonald was arrested Monday morning on suspicion of domestic violence and child endangerment. Details are sketchy at this point, but Santa Clara Police Lieutenant Kurt Clarke told the \u003ca href=\"http://www.sfgate.com/crime/article/Former-49ers-lineman-Ray-McDonald-arrested-in-6285161.php\" target=\"_blank\">San Francisco Chronicle\u003c/a> that more information on the arrest would be released later today.\u003c/p>\n\u003cp>\u003cem>Update 12:01 p.m\u003c/em>. NBC Bay Area Tweeted the following this morning:\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The \u003ca href=\"http://www.sacbee.com/sports/nfl/san-francisco-49ers/article22182444.html\" target=\"_blank\">Sacramento Bee\u003c/a> is reporting McDonald is currently being held at Santa Clara County jail and that the police report's address where McDonald was arrested belongs to recently retired 49ers defensive star Justin Smith.\u003c/p>\n\u003cp>The incident is the third in eight months in which McDonald has been accused of criminal violence. The first, in August, involved alleged domestic abuse at his home against his pregnant fiancee. In November, the Santa Clara County District Attorney’s Office \u003ca href=\"http://ww2.kqed.org/news/2014/11/10/report-49ers-ray-mcdonald-wont-be-charged-in-domestic-violence-case\" target=\"_blank\">announced it had insufficient evidence\u003c/a> to charge McDonald over that incident, citing a lack of cooperation from the alleged victim as well as a lack of other witnesses.\u003c/p>\n\u003cp>Before that case was dropped, the 49ers came under intense criticism for playing McDonald while the investigation was underway, especially considering a spate of high-profile, alleged criminal activity by NFL players, including a very ugly incident in which \u003ca href=\"https://www.google.com/search?q=ray+rice+elevator\" target=\"_blank\">Ray Rice knocked out his fiancee in an elevator\u003c/a> with a punch. Then-49ers coach Jim Harbaugh repeatedly defended the decision to play McDonald by saying \"due process\" had to be respected.\u003c/p>\n\u003cp>But when McDonald was arrested last December on suspicion of sexual assault, the 49ers decided they'd had enough, releasing him almost immediately after authorities announced an investigation. In that case, a woman claimed McDonald had sexually assaulted her after she fell and hit her head at his home. McDonald has claimed the sex was consensual. He has yet to be charged in the case, and he said in March that he will \u003ca href=\"http://profootballtalk.nbcsports.com/2015/03/16/ray-mcdonald-will-sue-the-woman-who-accused-him-of-rape/\" target=\"_blank\">sue the alleged victim\u003c/a> for falsely accusing him.\u003c/p>\n\u003cp>\u003ca href=\"http://www.nbcbayarea.com/news/local/Ray-McDonald-Arrested-Domestic-Violence-SJPD-Sources-304911011.html\" target=\"_blank\">NBC Bay Area\u003c/a> contacted McDonald's mother today in an attempt to learn more about her son's latest problems:\u003c/p>\n\u003cblockquote>\n\u003cp class=\"paragraph\">Reached by phone in Florida on Monday, McDonald's mother, LaBrina McDonald, told NBC Bay area that she knew nothing about the arrest. \"I'm not dealing with any more of this negative stuff,\" she said.\u003c/p>\n\u003cp class=\"paragraph\">She did say that McDonald's baby, Amari, was born in March to his ex-fiance and that sometimes he visited his newborn son in Silicon Valley. She believed the apartment is in Santa Clara.\u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cstrong>Playing for the Bears\u003c/strong>\u003c/p>\n\u003cp>McDonald was signed in the off-season by the Chicago Bears. Team owner George McCaskey said in March that he initially resisted his general manager's suggestion that the Bears sign McDonald, but that he had changed his mind after talking to the maligned defensive end. From \u003ca href=\"http://profootballtalk.nbcsports.com/2015/03/27/bears-owner-at-first-said-no-to-ray-mcdonald-then-changed-his-mind/\" target=\"_blank\">NBC Sports\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Ryan had asked me for permission to pursue him, and we had a file on him with the information that we had gathered,” McCaskey said. “I looked at the file and came back and said no. So Ryan said, ‘Fine, we’ll move onto the next guy.’ And then Ray . . . asked if I would be willing to meet with him and I said yes. The fact that he proposed that idea, I gave him a lot of credit for. He was very candid, very forthright. It was a difficult conversation. It was long. It took a lot out of me and I think it took a lot out of him. After that conversation, I told Ryan that he had our permission.”\u003c/p>\n\u003cp>So what did McDonald say to McCaskey to change his mind?\u003c/p>\n\u003cp>“He talked about these incidents which have become public knowledge and walked me through each one,” McCaskey said. “I don’t want to get too much into the particulars. I just want to give you a sense of the conversation. I was impressed with how sincere he was and how he motivated he is. He understands I think that he could have well been facing the end of his football career, and he loves football and he wants that career to continue. So I was impressed with his motivation.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://espn.go.com/video/clip?id=12950217\" target=\"_blank\">Criticism\u003c/a> of that decision in light of today's events has \u003ca href=\"http://sports.yahoo.com/blogs/nfl-shutdown-corner/chicago-bears-look-bad-after-ray-mcdonald-s-latest-arrest-175003267.html\" target=\"_blank\">already begun\u003c/a>.\u003c/p>\n\u003cp>About a month ago, McDonald spoke publicly about past accusations against him. The \u003ca href=\"http://www.chicagotribune.com/sports/football/bears/chi-ray-mcdonald-bears-minicamp-sexual-assault-20150428-story.html\" target=\"_blank\">Chicago Tribune\u003c/a> reported McDonald had this to say:\u003c/p>\n\u003cblockquote>\u003cp>“When you can look on TV and see all this negative stuff said about somebody and people can put stuff out there that’s not very credible, and it can assassinate someone’s character by doing that. But when you actually get a chance to meet someone and hear their side of the story, you get to get it for what it really is. ...\u003c/p>\n\u003cp>“I learned a lot from my previous situations, to keep my circle tight. You can’t trust everybody because everybody doesn’t have your best interests at heart. I learned that and I’m just here now to play ball and try to help this team win.\u003c/p>\n\u003cp>\"I just surround myself with people who care about me and have my best interest at heart. When you do that it’s hard for you to go wrong. That’s what I’ve been focusing on.”\u003c/p>\u003c/blockquote>\n\u003cp>No word yet on how the Bears might respond to the arrest. But the implication of this \u003ca href=\"https://twitter.com/JayGlazer/status/602892459908009984\" target=\"_blank\">Tweet\u003c/a> by Jay Glazer of FOX sports is that McDonald could very well be in big trouble with his new team:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003ca href=\"http://www.nfl.com/news/story/0ap3000000494037/article/ray-mcdonald-arrested-on-domestic-violence-charges\" target=\"_blank\">NFL.com\u003c/a> says McDonald makes $1.5 million, with none of the money guaranteed.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Police made arrests as demonstrators marched in downtown Oakland against the city's new get-tough policy for monitoring street protests — the second such gathering in as many days.\u003c/p>\n\u003cp>Officers watched closely Sunday night as the protesters marched several blocks. About 100 to 150 people marched before organizers ended the event and then a group of 15 to 20 started another protest, spokeswoman Johnna A. Watson said.\u003c/p>\n\u003cp>[contextly_sidebar id=\"PN3wIZH7w4G93Vqp9MYp8oul5BetDkey\"]There were no reports of injury or vandalism Sunday, but four people were arrested and another 19 received citations, Watson said.\u003c/p>\n\u003cp>A night earlier, dozens of protesters were arrested or cited for ignoring police orders to disperse.\u003c/p>\n\u003cp>They turned out to oppose a new policy by the city's mayor to force protesters from the street to the sidewalk after Oakland experienced several violent demonstrations in the past year, The Oakland Tribune reported Sunday. Oakland has hosted rallies in the streets for years, but Mayor Libby Schaaf said the new policy is needed to combat damage to property and violence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Schaaf said earlier that existing policies and laws allow police to clear streets of protesters. On May Day, many businesses along the city's automobile sales district were badly damaged by protesters who broke away from the main demonstration on May 1. Businesses also sustained heavy damage during protests arising from the deaths of unarmed black men in police custody in Ferguson, Missouri, and elsewhere over the last two years.\u003c/p>\n\u003cp>Tensions rose anew on Thursday when protesters marched in honor of black women killed by police across the nation. But organizers said they were surprised when Oakland police pushed them off the streets and onto the sidewalks, citing the mayor's new policy. No one was arrested Thursday.\u003c/p>\n\u003cp>Organizers then called for another protest Saturday to demonstrate against the new policy.\u003c/p>\n\u003cp>\"You can't run roughshod over people because they're protesting your oppression,\" said Cat Brooks, an organizer of both protests. \"You can't push us off the streets.\"\u003c/p>\n\u003cp>Further protests over the new policy are planned, Brooks said.\u003c/p>\n\u003cp>Rachel Lederman, a lawyer with the National Lawyers Guild who helped Oakland craft its crowd-control policies, said the new tactics appear to violate the guidelines.\u003c/p>\n\u003cp>\"It doesn't make any sense because saying that marches have to be on the sidewalk has absolutely no relationship to impending property damage that might occur,\" Lederman said. \"Obviously, that would happen on a sidewalk, not a street.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The mayor didn't respond to a request for comment. In a statement Monday, police said, “We advise demonstrators to engage in expression that is respectful of people and property and adheres to the law. The Oakland Police Department will continue to facilitate peaceful demonstrations while enforcing all laws against violence, vandalism, trespassing or other criminal activity.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Police made arrests as demonstrators marched in downtown Oakland against the city's new get-tough policy for monitoring street protests — the second such gathering in as many days.\u003c/p>\n\u003cp>Officers watched closely Sunday night as the protesters marched several blocks. About 100 to 150 people marched before organizers ended the event and then a group of 15 to 20 started another protest, spokeswoman Johnna A. Watson said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>There were no reports of injury or vandalism Sunday, but four people were arrested and another 19 received citations, Watson said.\u003c/p>\n\u003cp>A night earlier, dozens of protesters were arrested or cited for ignoring police orders to disperse.\u003c/p>\n\u003cp>They turned out to oppose a new policy by the city's mayor to force protesters from the street to the sidewalk after Oakland experienced several violent demonstrations in the past year, The Oakland Tribune reported Sunday. Oakland has hosted rallies in the streets for years, but Mayor Libby Schaaf said the new policy is needed to combat damage to property and violence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Schaaf said earlier that existing policies and laws allow police to clear streets of protesters. On May Day, many businesses along the city's automobile sales district were badly damaged by protesters who broke away from the main demonstration on May 1. Businesses also sustained heavy damage during protests arising from the deaths of unarmed black men in police custody in Ferguson, Missouri, and elsewhere over the last two years.\u003c/p>\n\u003cp>Tensions rose anew on Thursday when protesters marched in honor of black women killed by police across the nation. But organizers said they were surprised when Oakland police pushed them off the streets and onto the sidewalks, citing the mayor's new policy. No one was arrested Thursday.\u003c/p>\n\u003cp>Organizers then called for another protest Saturday to demonstrate against the new policy.\u003c/p>\n\u003cp>\"You can't run roughshod over people because they're protesting your oppression,\" said Cat Brooks, an organizer of both protests. \"You can't push us off the streets.\"\u003c/p>\n\u003cp>Further protests over the new policy are planned, Brooks said.\u003c/p>\n\u003cp>Rachel Lederman, a lawyer with the National Lawyers Guild who helped Oakland craft its crowd-control policies, said the new tactics appear to violate the guidelines.\u003c/p>\n\u003cp>\"It doesn't make any sense because saying that marches have to be on the sidewalk has absolutely no relationship to impending property damage that might occur,\" Lederman said. \"Obviously, that would happen on a sidewalk, not a street.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The mayor didn't respond to a request for comment. In a statement Monday, police said, “We advise demonstrators to engage in expression that is respectful of people and property and adheres to the law. The Oakland Police Department will continue to facilitate peaceful demonstrations while enforcing all laws against violence, vandalism, trespassing or other criminal activity.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "One-Year Sentence for Former S.F. Cop Who Testified Against Colleagues",
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"content": "\u003cp>U.S. District Judge Charles Breyer said Thursday's sentencing of former San Francisco police Officer Reynaldo Vargas marks \"the final chapter in a very sad story\" for the department.\u003c/p>\n\u003cp>Breyer accepted federal prosecutors' \u003ca href=\"https://www.scribd.com/doc/266192616/U-S-v-Reynaldo-Vargas-Government-s-Sentencing-Memorandum\" target=\"_blank\">recommendation\u003c/a> for lighter punishment in exchange for Vargas' cooperation in a federal corruption trial that's sending two of his former colleagues to prison for longer terms.\u003c/p>\n\u003cp>Vargas was sentenced to one year in prison and three years of supervised release for conspiring with his onetime partner, Edmond Robles, and their supervisor, former Sgt. Ian Furminger, to steal property from suspects in 2009. Vargas pleaded guilty last October to charges of conspiracy to distribute drugs, distribution of marijuana, conspiracy to commit theft and theft, before the jury trial of the three officers began.\u003c/p>\n\u003cp>The drug charges stemmed from Vargas' decision to give a pound of marijuana to two informants, which he described when he testified for the prosecution in November.\u003c/p>\n\u003cp>\"As wrong as this sounds, it was kind of an altruistic gesture,\" Vargas said on the stand. \"I wanted to give them something to -- something they could use to make some money for themselves,\" Vargas said. \"They were very down on their luck. My intent with it was ultimately it was just going to be destroyed. I thought that was kind of a waste. At least if they had it, they could do something with it. They could obviously sell it -- that was her expertise -- and make some money for themselves to get themselves off the street into a hotel room, eat, that sort of thing.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Assistant U.S. Attorney John Hemann asked the former narcotics officer, \"So your intention -- not to put too fine a point on it -- was to give heroin addicts marijuana to sell on the street?\"\u003c/p>\n\u003cp>Vargas answered, \"Yes.\" He went on to testify that Robles and Furminger eventually knew about the transaction, as well as about times he collected money and property from searches of suspects' homes, keeping the proceeds and sharing them with Furminger and Robles.\u003c/p>\n\u003cp>Furminger was convicted in December of two counts of wire fraud, one count of conspiracy to commit theft and one count of conspiracy against civil rights. He was \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">sentenced in February\u003c/a> to three years, five months in prison, a $25,000 fine and 120 hours community service.\u003c/p>\n\u003cp>Former Officer Edmond Robles was convicted in December of the same charges as Furminger, plus an additional conspiracy to commit theft charge. He was sentenced in March to three years, three months in prison, plus a $25,000 fine and 120 hours community service. Both Furminger and Robles were also sentenced to three years supervised release.\u003c/p>\n\u003cp>Both are appealing their convictions to the 9th U.S. Circuit Court of Appeals.\u003cbr>\n[contextly_sidebar id=\"9FpI3t7q3A7Kw7HUEIazkGIcCBR7A8yE\"]\u003cbr>\nFurminger is also at the center of a bigoted text messaging scandal that's resulted in three SFPD officers' resignations. Seven more are facing termination hearings before San Francisco's Police Commission. The officers who may be fired, joined by three who were disciplined by the police chief but kept their jobs, \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">filed a complaint\u003c/a> May 11 alleging the Police Department had allowed a one-year statute of limitations on discipline to elapse.\u003c/p>\n\u003cp>Vargas was contrite at his sentencing hearing Thursday.\u003c/p>\n\u003cp>\"If I'm going to go forward, I have to acknowledge everything I've done in the past and accept responsibility for that,\" he said.\u003c/p>\n\u003cp>Prosecutors cited several factors in recommending the lighter sentence for Vargas. He was especially useful in pursuing charges against Furminger and Robles, Hemann wrote. The risk of testifying against other officers, while still facing jail time, was also a factor.\u003c/p>\n\u003cp>\"In addition to the usual risks associated with being a 'snitch' in prison,\" Hemann wrote, \"Vargas faces the risk of retaliation at the hands of law enforcement by virtue of his cooperation against police officers. ... One unique aspect of this case is it is unusual for police officers to agree to cooperate in a prosecution against their fellow officers. It is important that the ultimate sentence imposed on Vargas provide incentive to officers in future cases to cooperate with investigations into police misconduct.\"\u003c/p>\n\u003cp>Breyer did not impose a $20,000 fine that Hemann requested.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. District Judge Charles Breyer said Thursday's sentencing of former San Francisco police Officer Reynaldo Vargas marks \"the final chapter in a very sad story\" for the department.\u003c/p>\n\u003cp>Breyer accepted federal prosecutors' \u003ca href=\"https://www.scribd.com/doc/266192616/U-S-v-Reynaldo-Vargas-Government-s-Sentencing-Memorandum\" target=\"_blank\">recommendation\u003c/a> for lighter punishment in exchange for Vargas' cooperation in a federal corruption trial that's sending two of his former colleagues to prison for longer terms.\u003c/p>\n\u003cp>Vargas was sentenced to one year in prison and three years of supervised release for conspiring with his onetime partner, Edmond Robles, and their supervisor, former Sgt. Ian Furminger, to steal property from suspects in 2009. Vargas pleaded guilty last October to charges of conspiracy to distribute drugs, distribution of marijuana, conspiracy to commit theft and theft, before the jury trial of the three officers began.\u003c/p>\n\u003cp>The drug charges stemmed from Vargas' decision to give a pound of marijuana to two informants, which he described when he testified for the prosecution in November.\u003c/p>\n\u003cp>\"As wrong as this sounds, it was kind of an altruistic gesture,\" Vargas said on the stand. \"I wanted to give them something to -- something they could use to make some money for themselves,\" Vargas said. \"They were very down on their luck. My intent with it was ultimately it was just going to be destroyed. I thought that was kind of a waste. At least if they had it, they could do something with it. They could obviously sell it -- that was her expertise -- and make some money for themselves to get themselves off the street into a hotel room, eat, that sort of thing.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Assistant U.S. Attorney John Hemann asked the former narcotics officer, \"So your intention -- not to put too fine a point on it -- was to give heroin addicts marijuana to sell on the street?\"\u003c/p>\n\u003cp>Vargas answered, \"Yes.\" He went on to testify that Robles and Furminger eventually knew about the transaction, as well as about times he collected money and property from searches of suspects' homes, keeping the proceeds and sharing them with Furminger and Robles.\u003c/p>\n\u003cp>Furminger was convicted in December of two counts of wire fraud, one count of conspiracy to commit theft and one count of conspiracy against civil rights. He was \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">sentenced in February\u003c/a> to three years, five months in prison, a $25,000 fine and 120 hours community service.\u003c/p>\n\u003cp>Former Officer Edmond Robles was convicted in December of the same charges as Furminger, plus an additional conspiracy to commit theft charge. He was sentenced in March to three years, three months in prison, plus a $25,000 fine and 120 hours community service. Both Furminger and Robles were also sentenced to three years supervised release.\u003c/p>\n\u003cp>Both are appealing their convictions to the 9th U.S. Circuit Court of Appeals.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nFurminger is also at the center of a bigoted text messaging scandal that's resulted in three SFPD officers' resignations. Seven more are facing termination hearings before San Francisco's Police Commission. The officers who may be fired, joined by three who were disciplined by the police chief but kept their jobs, \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">filed a complaint\u003c/a> May 11 alleging the Police Department had allowed a one-year statute of limitations on discipline to elapse.\u003c/p>\n\u003cp>Vargas was contrite at his sentencing hearing Thursday.\u003c/p>\n\u003cp>\"If I'm going to go forward, I have to acknowledge everything I've done in the past and accept responsibility for that,\" he said.\u003c/p>\n\u003cp>Prosecutors cited several factors in recommending the lighter sentence for Vargas. He was especially useful in pursuing charges against Furminger and Robles, Hemann wrote. The risk of testifying against other officers, while still facing jail time, was also a factor.\u003c/p>\n\u003cp>\"In addition to the usual risks associated with being a 'snitch' in prison,\" Hemann wrote, \"Vargas faces the risk of retaliation at the hands of law enforcement by virtue of his cooperation against police officers. ... One unique aspect of this case is it is unusual for police officers to agree to cooperate in a prosecution against their fellow officers. It is important that the ultimate sentence imposed on Vargas provide incentive to officers in future cases to cooperate with investigations into police misconduct.\"\u003c/p>\n\u003cp>Breyer did not impose a $20,000 fine that Hemann requested.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Legislature Considering a Stack of Cop-Accountability Bills",
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"headTitle": "Legislature Considering a Stack of Cop-Accountability Bills | KQED",
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"content": "\u003cp>Increasing national attention on issues of use of force, transparency and inequity in the criminal justice system hasn’t been lost on California state legislators, who are pushing dozens of bills aimed at enhancing law enforcement accountability.\u003c/p>\n\u003cp>The California branch of the American Civil Liberties Union is following and advocating for many of them.\u003c/p>\n\u003cp>“The national attention on police conduct and police abuses has absolutely led to a large number of bills on this issue this year,” says Natasha Minsker, director of the recently expanded ACLU’s Sacramento-based Center for Advocacy and Policy. “What’s yet to be seen, and what we hope for, is that it actually leads to real reforms being enacted.”\u003c/p>\n\u003caside class=\"pullquote alignright\">‘The concern that there would be a conflict of interest between a district attorney and officers they may work with is unfounded.’\u003ccite>Peace Officers Research Association of California\u003c/cite>\u003c/aside>\n\u003cp>That observation is a rare example of common ground between groups like the ACLU and law enforcement organizations like the California State Sheriffs’ Association, which is also keeping a close watch.\u003c/p>\n\u003cp>“There are certainly more bills on these topics this year,” said Cory Salzillo, the association’s legislative director. “I think it’s because of the media attention on events in other places like Ferguson and Staten Island.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Six of the eight bills the ACLU is highlighting have been placed on either the Senate or Assembly appropriations “suspense file,” meaning the appropriations committees of either house won’t hear the bills until after the state budget is finalized. The hold is meant for high-cost legislation.\u003c/p>\n\u003cp>Part of the reason the bills carry big price tags, Minsker says, is that several of them are seeking better data collection — and the agencies that would be providing that data are also the ones providing the cost estimates.\u003c/p>\n\u003cp>“The people we’re trying to get information about, those are the people who provide the estimate of the cost,” Minsker says. “And the cost is coming back shockingly high.”\u003c/p>\n\u003cp>\u003cstrong>Data Collection\u003c/strong>\u003c/p>\n\u003cp>Assembly bills \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953\" target=\"_blank\" rel=\"noopener\">953\u003c/a> and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB619\" target=\"_blank\" rel=\"noopener\">619\u003c/a> by Assemblywoman Shirley Weber (D-San Diego) would greatly expand the data that state and local law enforcement agencies are required to report to the California attorney general.\u003c/p>\n\u003cp>AB953 updates the definition of profiling to include gender identity and would require all local law enforcement agencies to deliver quarterly reports to the attorney general on all traffic, public transportation and pedestrian stops by July 2017. Most police departments in the state collect only traffic stop data with a few identifying characteristics of the subject, such as race.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003cfigure>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-10533302\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg\" alt=\"RS6677_115011610-sfi\" width=\"540\" height=\"360\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg 540w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi-400x267.jpg 400w\" sizes=\"(max-width: 540px) 100vw, 540px\">\u003c/a>\u003c/figure>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB11&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB11\u003c/a> Peace Officer Training: Mental Health\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB29&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB29\u003c/a> Peace Officer Training: Mental Health\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB227&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB227\u003c/a> Grand Jury Investigations\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB411&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB411\u003c/a> Photographing/Recording Police\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB601&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB601\u003c/a> CDCR Data Dashboard\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB629&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB629\u003c/a> “Lynching”\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB86&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB86\u003c/a> Special Prosecutor Investigations\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB619&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB619\u003c/a> Use of Force Data Collection\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB953\u003c/a> Racial Stop Data Collection\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1118&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB1118\u003c/a> Procedural Justice Training\u003c/p>\n\u003c/aside>\n\u003cp>The bill would require a slew of data for every stop, including an officer’s perception of the subject’s race, ethnicity, gender, age, sexual orientation, religious affiliation, English proficiency and physical or mental disability.\u003c/p>\n\u003cp>The Peace Officers Research Association of California opposes AB953, arguing that officers already receive rigorous training on combating racial profiling and that police departments already collect many of the statistics called for in the bill.\u003c/p>\n\u003cp>“We believe the additional information required will take much more of the officer’s time and result in less service to the public,” the association’s opposition statement says.\u003c/p>\n\u003cp>Salzillo said the bill requires law enforcement officers to essentially guess the demographic information. The language of the bill prohibits officers from asking suspects.\u003c/p>\n\u003cp>“We don’t know how that works,” he said. “In an attempt to stop racial profiling, it requires officers to pay a lot more attention to race. It’s counterintuitive in that regard.”\u003c/p>\n\u003cp>Five similar attempts at mandating racial stop data precede AB953, going back to 1999 when then-Gov. Gray Davis vetoed a bill that would have required statewide collection of traffic stop data. But Davis required the California Highway Patrol to start noting the race of the people its officers pulled over, and many local law enforcement agencies began doing so \u003ca href=\"http://www.sfgate.com/crime/article/Police-rarely-analyze-share-racial-data-on-stops-5697028.php\" target=\"_blank\" rel=\"noopener\">voluntarily — with mixed results\u003c/a>.\u003c/p>\n\u003cp>Weber’s AB619 calls for better bookkeeping on law enforcement use of force and would apply the standards of in-custody deaths to all fatal encounters with police. Current law requires that law enforcement or corrections agencies report details of in-custody deaths to the state attorney general within 10 days of an incident.\u003c/p>\n\u003cp>The bill also calls for detailed use-of-force reporting to the attorney general by 2018. Those reports would include characteristics like race, age and gender of officers and subjects in use-of-force cases. The legislation would require open reporting on everything from hand-to-hand physical strikes to gunshots.\u003c/p>\n\u003cp>“Data collection is the key to transparency and accountability,” the ACLU’s Minsker says. “If we think racial profiling is important, if we think police killing people is important, we need to collect data and then have conversations about how to fix it.”\u003c/p>\n\u003cp>AB619 has no formal opposition listed. The ACLU of California is co-sponsoring both of Weber’s bills.\u003c/p>\n\u003cp>Weber’s aren’t the only bills seeking to expand public safety data collection. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB601&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB601\u003c/a> by Sen. Loni Hancock (D-Berkeley) would require the California Department of Corrections and Rehabilitation to produce a “data dashboard,” publicly available on CDCR’s website. The web portal would include the following:\u003c/p>\n\u003cul>\n\u003cli>Information on CDCR staffing\u003c/li>\n\u003cli>Inmate enrollment in rehabilitation programs — with diploma and GED completion rates\u003c/li>\n\u003cli>Number of deaths, specifying homicides, suicides, unexpected deaths and expected deaths\u003c/li>\n\u003cli>Number of use-of-force incidents\u003c/li>\n\u003cli>Number of inmate appeals and their status\u003c/li>\n\u003cli>Number of inmates in administrative segregation — or solitary confinement\u003c/li>\n\u003cli>Contraband seized, quantifying cellphones and drugs\u003c/li>\n\u003cli>Number of days in lockdown\u003c/li>\n\u003cli>Budget information\u003c/li>\n\u003c/ul>\n\u003cp>Hancock’s bill would also require a report to the governor and Legislature on \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=03001-04000&file=3016\" target=\"_blank\" rel=\"noopener\">CDCR’s pilot case management re-entry program\u003c/a> by July 31, 2017. Gov. Jerry Brown \u003ca href=\"http://gov.ca.gov/docs/SB_601_Veto_Message.pdf\" target=\"_blank\" rel=\"noopener\">vetoed\u003c/a> a similar bill in 2011, noting that the CDCR already posts much of the \u003ca href=\"http://www.cdcr.ca.gov/COMPSTAT/\" target=\"_blank\" rel=\"noopener\">information\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Training\u003c/strong>\u003c/p>\n\u003cp>Senate bills \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB11\" target=\"_blank\" rel=\"noopener\">11\u003c/a> and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB29&search_keywords=\" target=\"_blank\" rel=\"noopener\">29\u003c/a> by Sen. Jim Beall (D-San Jose) would require the state’s \u003ca href=\"https://www.post.ca.gov/\" target=\"_blank\" rel=\"noopener\">Commission on Peace Officer Standards and Training\u003c/a> to implement advanced training on mental health issues for California law enforcement officers. From the \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\" rel=\"noopener\">San Francisco Bay Area\u003c/a> to \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">nationwide\u003c/a>, it’s estimated that about half of people killed by police are in psychiatric crisis.\u003c/p>\n\u003cp>[contextly_sidebar id=”skkL4liZxSqO1gzWqn7QrbRJso14PRgR”]\u003c/p>\n\u003cp>SB11 requires 20 hours of behavioral health training at the police academies to be part of the basic requirements to become a peace officer in California. SB29 requires a 40-hour course for field training officers, who mentor recent academy graduates when they first hit the streets. The bills indicate a move toward a state mandate for specialized Crisis Intervention Training, a program some departments have already voluntarily implemented.\u003c/p>\n\u003cp>Several state law enforcement associations join disability rights advocacy groups in support of SB11. Fewer groups support SB29.\u003c/p>\n\u003cp>“There is a growing recognition among law enforcement nationwide of the need for more behavioral health training for officers,” the County Behavioral Health Directors Association of California wrote in support of SB11. “The existing California Peace Officer Standards and Training (POST) curriculum includes only 6 hours of mental health training out of a total of 664 hours of mandated training for peace officers, which is clearly not sufficient.”\u003c/p>\n\u003cp>The California State Sheriffs’ Association opposes both bills.\u003c/p>\n\u003cp>“More training for the sake of more training may not be beneficial and may come at the expense of other, more necessary training,” the association wrote in opposition. “Although we appreciate the desire to improve interactions between law enforcement and persons with mental health issues, [both bills represent] a premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.”\u003c/p>\n\u003cp>\u003cstrong>Investigations\u003c/strong>\u003c/p>\n\u003cp>SB227 and AB 86 are seeking, in different ways, to establish more independence in the investigations of officer-involved fatalities.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB227&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB227\u003c/a> by Sen. Holly Mitchell (D-Los Angeles) would not allow grand juries to inquire into cases of potential police misconduct that resulted in the death of a suspect.\u003c/p>\n\u003cp>“The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system,” Mitchell wrote in an op-ed published in the \u003ca href=\"http://www.dailynews.com/opinion/20150507/why-grand-juries-are-wrong-for-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Los Angeles Daily News\u003c/a>. Her bill would require police use-of-force cases to be charged through a preliminary examination, in open court, rather than behind the closed doors of the grand jury.\u003c/p>\n\u003cp>The California District Attorneys Association opposes the bill, writing that California’s grand jury system is “decidedly different and amazingly fairer” than the system in other states.\u003c/p>\n\u003cp>[contextly_sidebar id=”eAOzptDt4C8SI5dRdhjhkunRlLBYKGrZ”]\u003c/p>\n\u003cp>“While there may be fundamental deficiencies in the grand jury systems of other states, we do not believe that those deficiencies exist in California to justify the outright prohibition of criminal grand juries in fatal officer-involved shootings,” the association wrote.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB86&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB86\u003c/a> would require the state attorney general to appoint a special prosecutor to independently investigate killings by on-duty law enforcement officers.\u003c/p>\n\u003cp>The bill’s supporters and opposition reveal a stark divide. The National Association for the Advancement of Colored People supports the bill.\u003c/p>\n\u003cp>“Police brutality has had a long history in California,” the NAACP wrote. “Following the high-profiled deaths of Michael Brown and Eric Garner, civil rights advocates have campaigned for greater oversight of the investigation process following deaths involving law enforcement.”\u003c/p>\n\u003cp>But most statewide law enforcement agencies oppose the bill.\u003c/p>\n\u003cp>“District Attorneys have made decisions for years, and have overseen difficult cases that have been scrutinized heavily by the media and public,” the Peace Officers Research Association of California wrote. “The concern that there would be a conflict of interest between a District Attorney and officers they may work with is unfounded.”\u003c/p>\n\u003cp>Salzillo said the bill implied that peace officers who use deadly force are presumed guilty of a crime.\u003c/p>\n\u003cp>“We reject that,” he said. “In so many of these cases, the officer’s been shot at, the officer’s been threatened with a weapon. The officer is a victim in many ways.”\u003c/p>\n\u003cp>California’s ACLU also supports McCarty’s bill, but California ACLU director Minsker says she still wouldn’t expect many police officers to face criminal charges following fatal shootings.\u003c/p>\n\u003cp>“We are really encouraging folks to focus not just on prosecutions,” Minsker says, “but investigating fatal incidents where police have used force to ask, ‘What went wrong? How could we have prevented this?'”\u003c/p>\n\u003cp>\u003cstrong>And Many More\u003c/strong>\u003c/p>\n\u003cp>Among the many other law enforcement bills meandering their way through the Legislature, one would clarify California law regarding \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB411&search_keywords=\" target=\"_blank\" rel=\"noopener\">photographing and recording\u003c/a> police on duty. Still \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB629&search_keywords=\" target=\"_blank\" rel=\"noopener\">another\u003c/a> would scrub the term “lynching” from the state’s penal code, and several bills are vying to establish statewide rules for police body-worn cameras.\u003c/p>\n\u003cp>And of course, the Legislature doesn’t have the final word on these proposals. Bills that make it through both houses must still win Gov. Brown’s approval.\u003c/p>\n\u003cp>“We’ve had initial meetings with the governor’s staff to educate them about the bills,” Minsker says, adding that it’s difficult to predict where Brown will land on any of these issues. “At this point no red flags have been raised on these bills.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This post was updated May 22 to add a link to existing CDCR COMPSTAT reports.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Increasing national attention on issues of use of force, transparency and inequity in the criminal justice system hasn’t been lost on California state legislators, who are pushing dozens of bills aimed at enhancing law enforcement accountability.\u003c/p>\n\u003cp>The California branch of the American Civil Liberties Union is following and advocating for many of them.\u003c/p>\n\u003cp>“The national attention on police conduct and police abuses has absolutely led to a large number of bills on this issue this year,” says Natasha Minsker, director of the recently expanded ACLU’s Sacramento-based Center for Advocacy and Policy. “What’s yet to be seen, and what we hope for, is that it actually leads to real reforms being enacted.”\u003c/p>\n\u003caside class=\"pullquote alignright\">‘The concern that there would be a conflict of interest between a district attorney and officers they may work with is unfounded.’\u003ccite>Peace Officers Research Association of California\u003c/cite>\u003c/aside>\n\u003cp>That observation is a rare example of common ground between groups like the ACLU and law enforcement organizations like the California State Sheriffs’ Association, which is also keeping a close watch.\u003c/p>\n\u003cp>“There are certainly more bills on these topics this year,” said Cory Salzillo, the association’s legislative director. “I think it’s because of the media attention on events in other places like Ferguson and Staten Island.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Six of the eight bills the ACLU is highlighting have been placed on either the Senate or Assembly appropriations “suspense file,” meaning the appropriations committees of either house won’t hear the bills until after the state budget is finalized. The hold is meant for high-cost legislation.\u003c/p>\n\u003cp>Part of the reason the bills carry big price tags, Minsker says, is that several of them are seeking better data collection — and the agencies that would be providing that data are also the ones providing the cost estimates.\u003c/p>\n\u003cp>“The people we’re trying to get information about, those are the people who provide the estimate of the cost,” Minsker says. “And the cost is coming back shockingly high.”\u003c/p>\n\u003cp>\u003cstrong>Data Collection\u003c/strong>\u003c/p>\n\u003cp>Assembly bills \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953\" target=\"_blank\" rel=\"noopener\">953\u003c/a> and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB619\" target=\"_blank\" rel=\"noopener\">619\u003c/a> by Assemblywoman Shirley Weber (D-San Diego) would greatly expand the data that state and local law enforcement agencies are required to report to the California attorney general.\u003c/p>\n\u003cp>AB953 updates the definition of profiling to include gender identity and would require all local law enforcement agencies to deliver quarterly reports to the attorney general on all traffic, public transportation and pedestrian stops by July 2017. Most police departments in the state collect only traffic stop data with a few identifying characteristics of the subject, such as race.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003cfigure>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-10533302\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg\" alt=\"RS6677_115011610-sfi\" width=\"540\" height=\"360\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi.jpg 540w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/05/RS6677_115011610-sfi-400x267.jpg 400w\" sizes=\"(max-width: 540px) 100vw, 540px\">\u003c/a>\u003c/figure>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB11&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB11\u003c/a> Peace Officer Training: Mental Health\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB29&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB29\u003c/a> Peace Officer Training: Mental Health\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB227&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB227\u003c/a> Grand Jury Investigations\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB411&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB411\u003c/a> Photographing/Recording Police\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB601&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB601\u003c/a> CDCR Data Dashboard\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB629&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB629\u003c/a> “Lynching”\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB86&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB86\u003c/a> Special Prosecutor Investigations\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB619&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB619\u003c/a> Use of Force Data Collection\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB953\u003c/a> Racial Stop Data Collection\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1118&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB1118\u003c/a> Procedural Justice Training\u003c/p>\n\u003c/aside>\n\u003cp>The bill would require a slew of data for every stop, including an officer’s perception of the subject’s race, ethnicity, gender, age, sexual orientation, religious affiliation, English proficiency and physical or mental disability.\u003c/p>\n\u003cp>The Peace Officers Research Association of California opposes AB953, arguing that officers already receive rigorous training on combating racial profiling and that police departments already collect many of the statistics called for in the bill.\u003c/p>\n\u003cp>“We believe the additional information required will take much more of the officer’s time and result in less service to the public,” the association’s opposition statement says.\u003c/p>\n\u003cp>Salzillo said the bill requires law enforcement officers to essentially guess the demographic information. The language of the bill prohibits officers from asking suspects.\u003c/p>\n\u003cp>“We don’t know how that works,” he said. “In an attempt to stop racial profiling, it requires officers to pay a lot more attention to race. It’s counterintuitive in that regard.”\u003c/p>\n\u003cp>Five similar attempts at mandating racial stop data precede AB953, going back to 1999 when then-Gov. Gray Davis vetoed a bill that would have required statewide collection of traffic stop data. But Davis required the California Highway Patrol to start noting the race of the people its officers pulled over, and many local law enforcement agencies began doing so \u003ca href=\"http://www.sfgate.com/crime/article/Police-rarely-analyze-share-racial-data-on-stops-5697028.php\" target=\"_blank\" rel=\"noopener\">voluntarily — with mixed results\u003c/a>.\u003c/p>\n\u003cp>Weber’s AB619 calls for better bookkeeping on law enforcement use of force and would apply the standards of in-custody deaths to all fatal encounters with police. Current law requires that law enforcement or corrections agencies report details of in-custody deaths to the state attorney general within 10 days of an incident.\u003c/p>\n\u003cp>The bill also calls for detailed use-of-force reporting to the attorney general by 2018. Those reports would include characteristics like race, age and gender of officers and subjects in use-of-force cases. The legislation would require open reporting on everything from hand-to-hand physical strikes to gunshots.\u003c/p>\n\u003cp>“Data collection is the key to transparency and accountability,” the ACLU’s Minsker says. “If we think racial profiling is important, if we think police killing people is important, we need to collect data and then have conversations about how to fix it.”\u003c/p>\n\u003cp>AB619 has no formal opposition listed. The ACLU of California is co-sponsoring both of Weber’s bills.\u003c/p>\n\u003cp>Weber’s aren’t the only bills seeking to expand public safety data collection. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB601&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB601\u003c/a> by Sen. Loni Hancock (D-Berkeley) would require the California Department of Corrections and Rehabilitation to produce a “data dashboard,” publicly available on CDCR’s website. The web portal would include the following:\u003c/p>\n\u003cul>\n\u003cli>Information on CDCR staffing\u003c/li>\n\u003cli>Inmate enrollment in rehabilitation programs — with diploma and GED completion rates\u003c/li>\n\u003cli>Number of deaths, specifying homicides, suicides, unexpected deaths and expected deaths\u003c/li>\n\u003cli>Number of use-of-force incidents\u003c/li>\n\u003cli>Number of inmate appeals and their status\u003c/li>\n\u003cli>Number of inmates in administrative segregation — or solitary confinement\u003c/li>\n\u003cli>Contraband seized, quantifying cellphones and drugs\u003c/li>\n\u003cli>Number of days in lockdown\u003c/li>\n\u003cli>Budget information\u003c/li>\n\u003c/ul>\n\u003cp>Hancock’s bill would also require a report to the governor and Legislature on \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=03001-04000&file=3016\" target=\"_blank\" rel=\"noopener\">CDCR’s pilot case management re-entry program\u003c/a> by July 31, 2017. Gov. Jerry Brown \u003ca href=\"http://gov.ca.gov/docs/SB_601_Veto_Message.pdf\" target=\"_blank\" rel=\"noopener\">vetoed\u003c/a> a similar bill in 2011, noting that the CDCR already posts much of the \u003ca href=\"http://www.cdcr.ca.gov/COMPSTAT/\" target=\"_blank\" rel=\"noopener\">information\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Training\u003c/strong>\u003c/p>\n\u003cp>Senate bills \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB11\" target=\"_blank\" rel=\"noopener\">11\u003c/a> and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB29&search_keywords=\" target=\"_blank\" rel=\"noopener\">29\u003c/a> by Sen. Jim Beall (D-San Jose) would require the state’s \u003ca href=\"https://www.post.ca.gov/\" target=\"_blank\" rel=\"noopener\">Commission on Peace Officer Standards and Training\u003c/a> to implement advanced training on mental health issues for California law enforcement officers. From the \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\" rel=\"noopener\">San Francisco Bay Area\u003c/a> to \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">nationwide\u003c/a>, it’s estimated that about half of people killed by police are in psychiatric crisis.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>SB11 requires 20 hours of behavioral health training at the police academies to be part of the basic requirements to become a peace officer in California. SB29 requires a 40-hour course for field training officers, who mentor recent academy graduates when they first hit the streets. The bills indicate a move toward a state mandate for specialized Crisis Intervention Training, a program some departments have already voluntarily implemented.\u003c/p>\n\u003cp>Several state law enforcement associations join disability rights advocacy groups in support of SB11. Fewer groups support SB29.\u003c/p>\n\u003cp>“There is a growing recognition among law enforcement nationwide of the need for more behavioral health training for officers,” the County Behavioral Health Directors Association of California wrote in support of SB11. “The existing California Peace Officer Standards and Training (POST) curriculum includes only 6 hours of mental health training out of a total of 664 hours of mandated training for peace officers, which is clearly not sufficient.”\u003c/p>\n\u003cp>The California State Sheriffs’ Association opposes both bills.\u003c/p>\n\u003cp>“More training for the sake of more training may not be beneficial and may come at the expense of other, more necessary training,” the association wrote in opposition. “Although we appreciate the desire to improve interactions between law enforcement and persons with mental health issues, [both bills represent] a premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.”\u003c/p>\n\u003cp>\u003cstrong>Investigations\u003c/strong>\u003c/p>\n\u003cp>SB227 and AB 86 are seeking, in different ways, to establish more independence in the investigations of officer-involved fatalities.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB227&search_keywords=\" target=\"_blank\" rel=\"noopener\">SB227\u003c/a> by Sen. Holly Mitchell (D-Los Angeles) would not allow grand juries to inquire into cases of potential police misconduct that resulted in the death of a suspect.\u003c/p>\n\u003cp>“The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system,” Mitchell wrote in an op-ed published in the \u003ca href=\"http://www.dailynews.com/opinion/20150507/why-grand-juries-are-wrong-for-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Los Angeles Daily News\u003c/a>. Her bill would require police use-of-force cases to be charged through a preliminary examination, in open court, rather than behind the closed doors of the grand jury.\u003c/p>\n\u003cp>The California District Attorneys Association opposes the bill, writing that California’s grand jury system is “decidedly different and amazingly fairer” than the system in other states.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“While there may be fundamental deficiencies in the grand jury systems of other states, we do not believe that those deficiencies exist in California to justify the outright prohibition of criminal grand juries in fatal officer-involved shootings,” the association wrote.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB86&search_keywords=\" target=\"_blank\" rel=\"noopener\">AB86\u003c/a> would require the state attorney general to appoint a special prosecutor to independently investigate killings by on-duty law enforcement officers.\u003c/p>\n\u003cp>The bill’s supporters and opposition reveal a stark divide. The National Association for the Advancement of Colored People supports the bill.\u003c/p>\n\u003cp>“Police brutality has had a long history in California,” the NAACP wrote. “Following the high-profiled deaths of Michael Brown and Eric Garner, civil rights advocates have campaigned for greater oversight of the investigation process following deaths involving law enforcement.”\u003c/p>\n\u003cp>But most statewide law enforcement agencies oppose the bill.\u003c/p>\n\u003cp>“District Attorneys have made decisions for years, and have overseen difficult cases that have been scrutinized heavily by the media and public,” the Peace Officers Research Association of California wrote. “The concern that there would be a conflict of interest between a District Attorney and officers they may work with is unfounded.”\u003c/p>\n\u003cp>Salzillo said the bill implied that peace officers who use deadly force are presumed guilty of a crime.\u003c/p>\n\u003cp>“We reject that,” he said. “In so many of these cases, the officer’s been shot at, the officer’s been threatened with a weapon. The officer is a victim in many ways.”\u003c/p>\n\u003cp>California’s ACLU also supports McCarty’s bill, but California ACLU director Minsker says she still wouldn’t expect many police officers to face criminal charges following fatal shootings.\u003c/p>\n\u003cp>“We are really encouraging folks to focus not just on prosecutions,” Minsker says, “but investigating fatal incidents where police have used force to ask, ‘What went wrong? How could we have prevented this?'”\u003c/p>\n\u003cp>\u003cstrong>And Many More\u003c/strong>\u003c/p>\n\u003cp>Among the many other law enforcement bills meandering their way through the Legislature, one would clarify California law regarding \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB411&search_keywords=\" target=\"_blank\" rel=\"noopener\">photographing and recording\u003c/a> police on duty. Still \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB629&search_keywords=\" target=\"_blank\" rel=\"noopener\">another\u003c/a> would scrub the term “lynching” from the state’s penal code, and several bills are vying to establish statewide rules for police body-worn cameras.\u003c/p>\n\u003cp>And of course, the Legislature doesn’t have the final word on these proposals. Bills that make it through both houses must still win Gov. Brown’s approval.\u003c/p>\n\u003cp>“We’ve had initial meetings with the governor’s staff to educate them about the bills,” Minsker says, adding that it’s difficult to predict where Brown will land on any of these issues. “At this point no red flags have been raised on these bills.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This post was updated May 22 to add a link to existing CDCR COMPSTAT reports.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "A San Francisco Cyclist's 'Amazing Renaissance' -- and Sudden Death",
"title": "A San Francisco Cyclist's 'Amazing Renaissance' -- and Sudden Death",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Charles Vinson was having an \"amazing renaissance\" in his life, discovering the joys of bicycling and composing music, when he was killed by a driver while riding his bicycle in San Francisco nearly three months ago.\u003c/p>\n\u003cp>Vinson, 66, was fatally struck March 2 on 14th Street at Folsom, an intersection that bicycle advocates have described as confusing and in dire need of safety improvements. It's been identified as a high-injury intersection under Vision Zero, the city's program to end traffic deaths in 10 years.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/206463348\" 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>Until now, not much was publicly known about Vinson. His longtime partner, Jeff Jones, a bicycle messenger, says Vinson had just finished a weekly ritual, helping his 83-year-old neighbor get groceries at Foods Co., near the same intersection. He returned to his Mission Dolores apartment, \"put on his biking shorts, and never came home.\"\u003c/p>\n\u003caside class=\"alignright\">\u003cimg class=\"aligncenter size-thumbnail wp-image-10532662\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-400x267.jpg\" alt=\"Cycling-Ghost Bike\" width=\"400\" height=\"267\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cstrong>Remembering Fallen Cyclists:\u003c/strong> The annual \u003ca href=\"http://www.rideofsilencesf.org\">Ride of Silence\u003c/a>, to honor cyclists killed and injured on city streets and to advocate for safer streets, will begin at 6 p.m. Wednesday at Sports Basement, 1590 Bryant St., San Francisco.\u003c/aside>\n\u003cp>A witness \u003ca href=\"http://www.sfexaminer.com/sanfrancisco/sf-sheriffs-deputy-resecutitates-bicyclist-who-was-struck-by-car/Content?oid=2922107\">told the San Francisco Examiner\u003c/a> that the driver, who stayed at the scene, blew through a red light. But last month Officer Albie Esparza, a Police Department spokesman, said the investigation was closed after it was determined \"the person found to be most responsible/at fault was the bicyclist.\" However, on Monday SFPD Inspector Lori Cadigan, who is handling the investigation, confirmed the case was still open.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bike advocates are watching the case because they say San Francisco police have a history of blaming the victim in collisions involving cyclists. After the San Francisco Bicycle Coalition found security camera video that police had missed as they investigated the \u003ca href=\"http://ww2.kqed.org/news/2015/01/15/verdict-in-wrongful-death-suit-against-driver-who-killed-bicyclist\" target=\"_blank\">death of cyclist Amelie Le Moullac\u003c/a> in 2013, Police Chief Greg Suhr promised to treat these kinds of cases differently. New protocol requires officers to canvass the area surrounding a collision for video.\u003c/p>\n\u003cp>Esparza said investigators did search for video in Vinson's case, and found some at Foods Co. But he said it was shot from too far away to see anything. Vinson's sister has retained a San Francisco attorney, who would not comment because the investigation is still open.\u003c/p>\n\u003cfigure id=\"attachment_10530512\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15107_JV0A4817-qut.jpg\">\u003cimg class=\"wp-image-10530512 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-800x533.jpg\" alt=\"A ghost bike stands at the intersection where 66-year-old Charles Vinson was killed by a driver March 2.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bike advocates say the intersection of 14th and Folsom, which sees a lot of bicycle traffic, is confusing and in need of safety improvements. \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>A Frantic Scene\u003c/strong>\u003c/p>\n\u003cp>It was San Francisco Sheriff's Deputy Isaias Zaragoza's first day back to work after three months of recovering from injuries he suffered in a traffic collision in Pacifica, after he tried to help a driver who ran off the road. On March 2, he and his partner were returning from lunch when they noticed a group of people at the intersection of 14th and Folsom streets. They saw a bicycle off to the side, and realized it was a collision.\u003c/p>\n\u003cp>A woman who identified herself as an ER nurse, and was getting her car repaired nearby, rushed to Vinson's side, and was about to do chest compressions when Zaragoza arrived. \"She was hysterical. She was asking for help,\" says Zaragoza, adding he was disturbed that some people were taking photos of the frantic scene instead of helping.\u003c/p>\n\u003cp>\"I told her, 'Let me take over.' I assessed Mr. Vinson and there wasn't a pulse and he wasn't breathing. My training kicked in. Without thinking, we just went to work,\" Zaragoza says.\u003c/p>\n\u003cp>The deputy's office at the Sheriff's Department's training unit is nearby, and several other deputies alarmed by the commotion responded to the scene. Eventually, Zaragoza's partner took over CPR. Then they heard sirens and the paramedics arrived.\u003c/p>\n\u003cp>\"I heard when the medics took over, he did have a pulse. That comforted me,\" Zaragoza says. \"I'm hoping the aid myself and my co-workers gave him at least gave him a fighting chance.\"\u003c/p>\n\u003cp>The 16-year veteran of the Sheriff's Department says he later called San Francisco General Hospital to find out Vinson's condition, and learned later through media reports that he had died.\u003c/p>\n\u003cp>\"That just floored me,\" Zaragoza says. \"Hopefully, the family can get some closure out of this, and I'll be right there behind them.\"\u003c/p>\n\u003cp>If there was a hero that day, Zaragoza says, it was the nurse who rushed to Vinson's side and didn't hesitate to help.\u003c/p>\n\u003cfigure id=\"attachment_10532211\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15103_JV0A4729-qut.jpg\">\u003cimg class=\"wp-image-10532211 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-800x533.jpg\" alt=\"Jeff Jones loves his job as a bicycle messenger. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeff Jones \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cb>A Race to the Hospital \u003c/b>\u003c/p>\n\u003cp>Jeff Jones says that when he graduated from college in the 1970s, he was \"hell bent\" to be the next David Ogilvy -- the man often credited with creating the modern advertising industry. But after several years, he gave up the office grind to become a bike messenger. At 62, he still loves the work.\u003c/p>\n\u003cp>\"I just really enjoy being a bike messenger,\" Jones says. \"I realized many years ago that I'm not in this world to be rich. I'll just live frugally the rest of my life and that's fine with me.\"\u003c/p>\n\u003cp>Jones was delivering a box to an office tower in the Financial District when he received a call from a number he didn't recognize. It was someone from San Francisco General Hospital, telling him Vinson was in critical condition.\u003c/p>\n\u003cp>\"I went into total shock,\" says Jones. \"I just hopped on my bike and screamed down to SFGH emergency room, and the next two or three hours were surreal.\"\u003c/p>\n\u003cp>Jones says a doctor informed him that Vinson, who had been wearing a helmet, was in dire condition, unconscious and bleeding internally. He had suffered a traumatic head injury, and doctors performed emergency cranial surgery to relieve pressure on his brain. Jones declined an invitation to be with him, \"because the image of that would have haunted me for eternity.\"\u003c/p>\n\u003cp>\"I wanted to remember him the way he was two days earlier, which was beautiful, and vivacious,\" Jones says.\u003c/p>\n\u003cfigure id=\"attachment_10532212\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15078_JV0A4638-qut.jpg\">\u003cimg class=\"wp-image-10532212 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-800x533.jpg\" alt=\"A photo of Charles Vinson in his San Francisco apartment. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A photo of Charles Vinson \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>A Renaissance\u003c/strong>\u003c/p>\n\u003cp>Jones met Vinson through a mutual friend on Thanksgiving of 1997, and discovered they had chemistry. They were together for the next 17 years.\u003c/p>\n\u003cp>\"It was a very comfortable relationship,\" says Jones, who loved to sit and observe Vinson composing music, one of his main passions. Vinson studied music in his earlier years and had a voracious appetite for classical music.\u003c/p>\n\u003cp>\"I thought of him as a musical genius, but he never thought of himself as a genius,\" Jones says.\u003c/p>\n\u003cp>Although they didn't live together, they spent a lot of time at Vinson's Mission Dolores apartment. \"We were very happy living apart from each other,\" Jones says.\u003c/p>\n\u003cp>He says he especially misses the routine of talking to Vinson on the phone every day at 9:30 in the morning and 9:30 at night. \"I just loved hearing his voice.\"\u003c/p>\n\u003cp>Vinson was born in West Virginia, and knew he was gay when he was 10 years old, Jones says. But he grew up in a religious family and felt \"pressure to play by the script of his church.\" He married a college classmate and had a son, who is now 44.\u003c/p>\n\u003cp>Jones says Vinson worked for many years for Pacific Bell, which later became AT&T. He retired in 2007.\u003c/p>\n\u003cfigure id=\"attachment_10532214\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15090_JV0A4635-qut.jpg\">\u003cimg class=\"wp-image-10532214 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-800x533.jpg\" alt=\"Jeff Jones and Charles Vinson.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeff Jones and Charles Vinson \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Over the years, Vinson battled alcoholism and got by on his retirement savings and meager Social Security benefits, with some occasional freelance writing work. He suffered from deep depression and had been resigned “to a life of the sort of slow march to death.”\u003c/p>\n\u003cp>But then, Jones says, it was like a switch flipped on: Vinson got sober two years ago and began having \"an amazing renaissance in his life.\" He radically changed his diet and lost 30 pounds.\u003c/p>\n\u003cp>\"The last couple of years his whole personality was really blossoming. He seemed happier. He was really enjoying riding his bike,\" says Jones. \"It was just his cat, his music and his bike riding. Those were the things in his life that mattered to him.\"\u003c/p>\n\u003cp>Every morning, Vinson would get up, have his coffee and then go on a 10- to 15-mile ride. It was always the highlight of his day, Jones says. He alternated routes and regularly passed 14th and Folsom streets as part of his Mission route.\u003c/p>\n\u003cp>\"He was an experienced rider, and he knew vividly about the inherent dangers of riding anywhere on city streets,\" says Jones. \"He was always talking about all the close calls that he saw of cyclists and motorists.\"\u003c/p>\n\u003cp>Jones has been too grief-stricken to find out the details of the collision, and has avoided that intersection.\u003c/p>\n\u003cp>\"I don't know what happened,\" Jones says. \"He was in the wrong place at the wrong time.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Wednesday evening, as part of the annual Ride of Silence to honor bicyclists who have been killed on San Francisco streets, he plans to visit the intersection for the first time since Vinson's death.\u003c/p>\n\n",
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"excerpt": "Police continuing to investigate incident that took rider's life at hazardous Folsom Street intersection.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Charles Vinson was having an \"amazing renaissance\" in his life, discovering the joys of bicycling and composing music, when he was killed by a driver while riding his bicycle in San Francisco nearly three months ago.\u003c/p>\n\u003cp>Vinson, 66, was fatally struck March 2 on 14th Street at Folsom, an intersection that bicycle advocates have described as confusing and in dire need of safety improvements. It's been identified as a high-injury intersection under Vision Zero, the city's program to end traffic deaths in 10 years.\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/206463348&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/206463348'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Until now, not much was publicly known about Vinson. His longtime partner, Jeff Jones, a bicycle messenger, says Vinson had just finished a weekly ritual, helping his 83-year-old neighbor get groceries at Foods Co., near the same intersection. He returned to his Mission Dolores apartment, \"put on his biking shorts, and never came home.\"\u003c/p>\n\u003caside class=\"alignright\">\u003cimg class=\"aligncenter size-thumbnail wp-image-10532662\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-400x267.jpg\" alt=\"Cycling-Ghost Bike\" width=\"400\" height=\"267\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15105_JV0A4801-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cstrong>Remembering Fallen Cyclists:\u003c/strong> The annual \u003ca href=\"http://www.rideofsilencesf.org\">Ride of Silence\u003c/a>, to honor cyclists killed and injured on city streets and to advocate for safer streets, will begin at 6 p.m. Wednesday at Sports Basement, 1590 Bryant St., San Francisco.\u003c/aside>\n\u003cp>A witness \u003ca href=\"http://www.sfexaminer.com/sanfrancisco/sf-sheriffs-deputy-resecutitates-bicyclist-who-was-struck-by-car/Content?oid=2922107\">told the San Francisco Examiner\u003c/a> that the driver, who stayed at the scene, blew through a red light. But last month Officer Albie Esparza, a Police Department spokesman, said the investigation was closed after it was determined \"the person found to be most responsible/at fault was the bicyclist.\" However, on Monday SFPD Inspector Lori Cadigan, who is handling the investigation, confirmed the case was still open.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bike advocates are watching the case because they say San Francisco police have a history of blaming the victim in collisions involving cyclists. After the San Francisco Bicycle Coalition found security camera video that police had missed as they investigated the \u003ca href=\"http://ww2.kqed.org/news/2015/01/15/verdict-in-wrongful-death-suit-against-driver-who-killed-bicyclist\" target=\"_blank\">death of cyclist Amelie Le Moullac\u003c/a> in 2013, Police Chief Greg Suhr promised to treat these kinds of cases differently. New protocol requires officers to canvass the area surrounding a collision for video.\u003c/p>\n\u003cp>Esparza said investigators did search for video in Vinson's case, and found some at Foods Co. But he said it was shot from too far away to see anything. Vinson's sister has retained a San Francisco attorney, who would not comment because the investigation is still open.\u003c/p>\n\u003cfigure id=\"attachment_10530512\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15107_JV0A4817-qut.jpg\">\u003cimg class=\"wp-image-10530512 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-800x533.jpg\" alt=\"A ghost bike stands at the intersection where 66-year-old Charles Vinson was killed by a driver March 2.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15107_JV0A4817-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bike advocates say the intersection of 14th and Folsom, which sees a lot of bicycle traffic, is confusing and in need of safety improvements. \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>A Frantic Scene\u003c/strong>\u003c/p>\n\u003cp>It was San Francisco Sheriff's Deputy Isaias Zaragoza's first day back to work after three months of recovering from injuries he suffered in a traffic collision in Pacifica, after he tried to help a driver who ran off the road. On March 2, he and his partner were returning from lunch when they noticed a group of people at the intersection of 14th and Folsom streets. They saw a bicycle off to the side, and realized it was a collision.\u003c/p>\n\u003cp>A woman who identified herself as an ER nurse, and was getting her car repaired nearby, rushed to Vinson's side, and was about to do chest compressions when Zaragoza arrived. \"She was hysterical. She was asking for help,\" says Zaragoza, adding he was disturbed that some people were taking photos of the frantic scene instead of helping.\u003c/p>\n\u003cp>\"I told her, 'Let me take over.' I assessed Mr. Vinson and there wasn't a pulse and he wasn't breathing. My training kicked in. Without thinking, we just went to work,\" Zaragoza says.\u003c/p>\n\u003cp>The deputy's office at the Sheriff's Department's training unit is nearby, and several other deputies alarmed by the commotion responded to the scene. Eventually, Zaragoza's partner took over CPR. Then they heard sirens and the paramedics arrived.\u003c/p>\n\u003cp>\"I heard when the medics took over, he did have a pulse. That comforted me,\" Zaragoza says. \"I'm hoping the aid myself and my co-workers gave him at least gave him a fighting chance.\"\u003c/p>\n\u003cp>The 16-year veteran of the Sheriff's Department says he later called San Francisco General Hospital to find out Vinson's condition, and learned later through media reports that he had died.\u003c/p>\n\u003cp>\"That just floored me,\" Zaragoza says. \"Hopefully, the family can get some closure out of this, and I'll be right there behind them.\"\u003c/p>\n\u003cp>If there was a hero that day, Zaragoza says, it was the nurse who rushed to Vinson's side and didn't hesitate to help.\u003c/p>\n\u003cfigure id=\"attachment_10532211\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15103_JV0A4729-qut.jpg\">\u003cimg class=\"wp-image-10532211 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-800x533.jpg\" alt=\"Jeff Jones loves his job as a bicycle messenger. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15103_JV0A4729-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeff Jones \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cb>A Race to the Hospital \u003c/b>\u003c/p>\n\u003cp>Jeff Jones says that when he graduated from college in the 1970s, he was \"hell bent\" to be the next David Ogilvy -- the man often credited with creating the modern advertising industry. But after several years, he gave up the office grind to become a bike messenger. At 62, he still loves the work.\u003c/p>\n\u003cp>\"I just really enjoy being a bike messenger,\" Jones says. \"I realized many years ago that I'm not in this world to be rich. I'll just live frugally the rest of my life and that's fine with me.\"\u003c/p>\n\u003cp>Jones was delivering a box to an office tower in the Financial District when he received a call from a number he didn't recognize. It was someone from San Francisco General Hospital, telling him Vinson was in critical condition.\u003c/p>\n\u003cp>\"I went into total shock,\" says Jones. \"I just hopped on my bike and screamed down to SFGH emergency room, and the next two or three hours were surreal.\"\u003c/p>\n\u003cp>Jones says a doctor informed him that Vinson, who had been wearing a helmet, was in dire condition, unconscious and bleeding internally. He had suffered a traumatic head injury, and doctors performed emergency cranial surgery to relieve pressure on his brain. Jones declined an invitation to be with him, \"because the image of that would have haunted me for eternity.\"\u003c/p>\n\u003cp>\"I wanted to remember him the way he was two days earlier, which was beautiful, and vivacious,\" Jones says.\u003c/p>\n\u003cfigure id=\"attachment_10532212\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15078_JV0A4638-qut.jpg\">\u003cimg class=\"wp-image-10532212 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-800x533.jpg\" alt=\"A photo of Charles Vinson in his San Francisco apartment. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15078_JV0A4638-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A photo of Charles Vinson \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>A Renaissance\u003c/strong>\u003c/p>\n\u003cp>Jones met Vinson through a mutual friend on Thanksgiving of 1997, and discovered they had chemistry. They were together for the next 17 years.\u003c/p>\n\u003cp>\"It was a very comfortable relationship,\" says Jones, who loved to sit and observe Vinson composing music, one of his main passions. Vinson studied music in his earlier years and had a voracious appetite for classical music.\u003c/p>\n\u003cp>\"I thought of him as a musical genius, but he never thought of himself as a genius,\" Jones says.\u003c/p>\n\u003cp>Although they didn't live together, they spent a lot of time at Vinson's Mission Dolores apartment. \"We were very happy living apart from each other,\" Jones says.\u003c/p>\n\u003cp>He says he especially misses the routine of talking to Vinson on the phone every day at 9:30 in the morning and 9:30 at night. \"I just loved hearing his voice.\"\u003c/p>\n\u003cp>Vinson was born in West Virginia, and knew he was gay when he was 10 years old, Jones says. But he grew up in a religious family and felt \"pressure to play by the script of his church.\" He married a college classmate and had a son, who is now 44.\u003c/p>\n\u003cp>Jones says Vinson worked for many years for Pacific Bell, which later became AT&T. He retired in 2007.\u003c/p>\n\u003cfigure id=\"attachment_10532214\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15090_JV0A4635-qut.jpg\">\u003cimg class=\"wp-image-10532214 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-800x533.jpg\" alt=\"Jeff Jones and Charles Vinson.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/05/RS15090_JV0A4635-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeff Jones and Charles Vinson \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Over the years, Vinson battled alcoholism and got by on his retirement savings and meager Social Security benefits, with some occasional freelance writing work. He suffered from deep depression and had been resigned “to a life of the sort of slow march to death.”\u003c/p>\n\u003cp>But then, Jones says, it was like a switch flipped on: Vinson got sober two years ago and began having \"an amazing renaissance in his life.\" He radically changed his diet and lost 30 pounds.\u003c/p>\n\u003cp>\"The last couple of years his whole personality was really blossoming. He seemed happier. He was really enjoying riding his bike,\" says Jones. \"It was just his cat, his music and his bike riding. Those were the things in his life that mattered to him.\"\u003c/p>\n\u003cp>Every morning, Vinson would get up, have his coffee and then go on a 10- to 15-mile ride. It was always the highlight of his day, Jones says. He alternated routes and regularly passed 14th and Folsom streets as part of his Mission route.\u003c/p>\n\u003cp>\"He was an experienced rider, and he knew vividly about the inherent dangers of riding anywhere on city streets,\" says Jones. \"He was always talking about all the close calls that he saw of cyclists and motorists.\"\u003c/p>\n\u003cp>Jones has been too grief-stricken to find out the details of the collision, and has avoided that intersection.\u003c/p>\n\u003cp>\"I don't know what happened,\" Jones says. \"He was in the wrong place at the wrong time.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wednesday evening, as part of the annual Ride of Silence to honor bicyclists who have been killed on San Francisco streets, he plans to visit the intersection for the first time since Vinson's death.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The work of the Office of Legislative Counsel is the ultimate seal of approval in Sacramento, an indispensable step for any proposal that becomes law in California — and perhaps why lobbyists and interest groups often privately ask legislators to have the taxpayer-funded lawyers draft bills for them, too.\u003c/p>\n\u003cp>Those requests are known as “unbacked bills,” a term that broadly refers to draft laws with no guarantee of being introduced in either house of the Legislature. While some of these bills quickly find their way into the legislative bloodstream, others linger behind the scenes for weeks or months as part of the state Capitol’s opaque political currency, instantly ready for a public vote on any given day if the opportunity should arise.\u003c/p>\n\u003cp>No one denies the existence of these bills, but few will discuss either their content or their frequency.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/206376828″ 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>“Unbacked bills are, in some ways, ghost bills that can come to life at any time in the process,” said Shaudi Falamaki Fulp, a former lobbyist who now works as a political and public affairs strategist. “The proposal will actually be drafted in legislative form, but it won’t be introduced with an author or a bill number.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Interviews with a number of Capitol insiders, none of whom would speak on the record, portray the unbacked bills system as one with very few limits and in which legislative staffers sometimes submit proposals for vetting that their elected bosses would never publicly endorse.\u003c/p>\n\u003cp>As such, it’s also a system that neither the Legislature’s lawyers nor its two leaders will discuss.\u003c/p>\n\u003cp>\u003cstrong>No Limits On Unbacked Bills Submitted For Drafting?\u003c/strong>\u003c/p>\n\u003cp>Members of the Assembly and Senate are limited to 40 introduced bills in any two-year session, but there are no limits on how many bills can be submitted for drafting to the Legislative Counsel’s attorneys. The system allows legislators flexibility, say some staffers, in order to better craft smart policies\u003c/p>\n\u003cp>But the process is also accessed by lobbyists, via legislative officials, who seek the help of the government’s bill-writing experts. Legislative staffers and lobbyists, who spoke with KQED News on the condition that they not be identified, say an unbacked bill that comes back from Legislative Counsel may be “shopped” around in search of a different Assembly member or senator who’s willing to introduce it. Or, say insiders, these unpublicized bills are held onto for any possible opening a lobbyist or interest group might see — including 11th-hour maneuvers before the Legislature adjourns.\u003c/p>\n\u003cp>That lack of transparency poses problems, say some observers, for understanding where laws are coming from and who they benefit.\u003c/p>\n\u003cp>“Legislators are outsourcing their jobs to people in the shadows that we don’t know,” said Jessica Levinson, a professor of governance and ethics at the Loyola Law School in Los Angeles. “I think the least they can do is give the public some information.”\u003c/p>\n\u003cp>\u003cstrong>Requests For Information Denied\u003c/strong>\u003c/p>\n\u003cp>To better understand the process, KQED News asked legislative leaders and the \u003ca href=\"http://legislativecounsel.ca.gov/\" target=\"_blank\" rel=\"noopener\">Office of the Legislative Counsel\u003c/a> for aggregate data on how many unbacked bills were drafted in the 2013-14 session in Sacramento, as well as how many unbacked bills had been requested by each member of the Legislature.\u003c/p>\n\u003cp>The requests were turned down. Legislative lawyers responded by saying any such information is exempt from the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=09001-10000&file=9070-9080\" target=\"_blank\" rel=\"noopener\">California Legislative Open Records Act\u003c/a> and the \u003ca href=\"http://www.thefirstamendment.org/publicrecordsact.pdf\" target=\"_blank\" rel=\"noopener\">California Public Records Act\u003c/a>, laws that were ostensibly designed to ensure government records be made public.\u003c/p>\n\u003cp>“They’re afraid of establishing some kind of precedent,” said Peter Scheer, executive director of the \u003ca href=\"http://firstamendmentcoalition.org/about/\" target=\"_blank\" rel=\"noopener\">nonprofit First Amendment Coalition, based in San Rafael\u003c/a>, about the refusal to release information on unbacked bills.\u003c/p>\n\u003cp>“They’re afraid that if they allow that information to come out, God knows, they might have to be more forthcoming about how they spend their time and the people’s money.”\u003c/p>\n\u003cp>Requests were also made of both Assembly Speaker Toni Atkins (D-San Diego) and Senate President pro Tem Kevin de León (D-Los Angeles) to either provide information or to weigh in on whether the records about unbacked bills should be released. Neither legislative leader responded to that request.\u003c/p>\n\u003cp>The anecdotes offered in numerous background conversations with legislative staffers suggest that while some offices ask attorneys to craft very few unbacked bills, others make requests by the dozens. And in some cases, say both staffers and lobbyists, an elected official may have little or no role in a staffer accepting a lobbyist’s request to have the proposed law vetted by taxpayer attorneys.\u003c/p>\n\u003cp>There’s general agreement that unbacked bills can serve a valuable service for less influential groups that don’t have the legal expertise to draft a bill. But it seems clear that powerful interest groups also ask for unbacked bills, and sometimes even multiple versions on the same topic, as a way of hedging their bets.\u003c/p>\n\u003cp>“Those well-prepared lobbyists who have a Plan B and C will draft numerous versions and submit it through a legislative office,” said Falamaki Fulp, “to make sure that they’re ready when the opportunity presents itself.”\u003c/p>\n\u003cp>Exactly how much work these unbacked bills requires of the Legislative Counsel is unclear. Overall, the office — which not only drafts legislation but also offers more general legal advice — has seen its annual operating budget rise steadily. In the fiscal year that ends on June 30, the \u003ca href=\"http://www.ebudget.ca.gov/2014-15/Enacted/StateAgencyBudgets/0010/0160/department.html\" target=\"_blank\" rel=\"noopener\">Legislative Counsel is expected to spend $92.7 million\u003c/a> to provide legal services for lawmakers; that’s up from \u003ca href=\"http://www.ebudget.ca.gov/2009-10-EN/Enacted/StateAgencyBudgets/0010/0160/department.html\" target=\"_blank\" rel=\"noopener\">$81 million just five years ago\u003c/a>.\u003c/p>\n\u003cp>The aggregate data that was requested — that is, total numbers of bills drafted over a two-year legislative session — might have offered some way to compare the total output from the Legislature’s lawyers with the number of bills introduced (4,800 in the 2013-14 session).\u003c/p>\n\u003cp>In their April 27 rejection of KQED News’ records request, Legislative Counsel Diane Boyer-Vine and Chief Deputy Aaron Silva wouldn’t say whether any records existed — simply that any records that were germane “will not be produced.”\u003c/p>\n\u003cp>\u003cem>See below for the KQED News correspondence with the Office of Legislative Counsel regarding information on unbacked bills drafted in the 2013-14 legislative session.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[scribd id=265935849 key=key-pTA3MXe9M3gSauMKo61N mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The work of the Office of Legislative Counsel is the ultimate seal of approval in Sacramento, an indispensable step for any proposal that becomes law in California — and perhaps why lobbyists and interest groups often privately ask legislators to have the taxpayer-funded lawyers draft bills for them, too.\u003c/p>\n\u003cp>Those requests are known as “unbacked bills,” a term that broadly refers to draft laws with no guarantee of being introduced in either house of the Legislature. While some of these bills quickly find their way into the legislative bloodstream, others linger behind the scenes for weeks or months as part of the state Capitol’s opaque political currency, instantly ready for a public vote on any given day if the opportunity should arise.\u003c/p>\n\u003cp>No one denies the existence of these bills, but few will discuss either their content or their frequency.\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/206376828″&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/206376828″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“Unbacked bills are, in some ways, ghost bills that can come to life at any time in the process,” said Shaudi Falamaki Fulp, a former lobbyist who now works as a political and public affairs strategist. “The proposal will actually be drafted in legislative form, but it won’t be introduced with an author or a bill number.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Interviews with a number of Capitol insiders, none of whom would speak on the record, portray the unbacked bills system as one with very few limits and in which legislative staffers sometimes submit proposals for vetting that their elected bosses would never publicly endorse.\u003c/p>\n\u003cp>As such, it’s also a system that neither the Legislature’s lawyers nor its two leaders will discuss.\u003c/p>\n\u003cp>\u003cstrong>No Limits On Unbacked Bills Submitted For Drafting?\u003c/strong>\u003c/p>\n\u003cp>Members of the Assembly and Senate are limited to 40 introduced bills in any two-year session, but there are no limits on how many bills can be submitted for drafting to the Legislative Counsel’s attorneys. The system allows legislators flexibility, say some staffers, in order to better craft smart policies\u003c/p>\n\u003cp>But the process is also accessed by lobbyists, via legislative officials, who seek the help of the government’s bill-writing experts. Legislative staffers and lobbyists, who spoke with KQED News on the condition that they not be identified, say an unbacked bill that comes back from Legislative Counsel may be “shopped” around in search of a different Assembly member or senator who’s willing to introduce it. Or, say insiders, these unpublicized bills are held onto for any possible opening a lobbyist or interest group might see — including 11th-hour maneuvers before the Legislature adjourns.\u003c/p>\n\u003cp>That lack of transparency poses problems, say some observers, for understanding where laws are coming from and who they benefit.\u003c/p>\n\u003cp>“Legislators are outsourcing their jobs to people in the shadows that we don’t know,” said Jessica Levinson, a professor of governance and ethics at the Loyola Law School in Los Angeles. “I think the least they can do is give the public some information.”\u003c/p>\n\u003cp>\u003cstrong>Requests For Information Denied\u003c/strong>\u003c/p>\n\u003cp>To better understand the process, KQED News asked legislative leaders and the \u003ca href=\"http://legislativecounsel.ca.gov/\" target=\"_blank\" rel=\"noopener\">Office of the Legislative Counsel\u003c/a> for aggregate data on how many unbacked bills were drafted in the 2013-14 session in Sacramento, as well as how many unbacked bills had been requested by each member of the Legislature.\u003c/p>\n\u003cp>The requests were turned down. Legislative lawyers responded by saying any such information is exempt from the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=09001-10000&file=9070-9080\" target=\"_blank\" rel=\"noopener\">California Legislative Open Records Act\u003c/a> and the \u003ca href=\"http://www.thefirstamendment.org/publicrecordsact.pdf\" target=\"_blank\" rel=\"noopener\">California Public Records Act\u003c/a>, laws that were ostensibly designed to ensure government records be made public.\u003c/p>\n\u003cp>“They’re afraid of establishing some kind of precedent,” said Peter Scheer, executive director of the \u003ca href=\"http://firstamendmentcoalition.org/about/\" target=\"_blank\" rel=\"noopener\">nonprofit First Amendment Coalition, based in San Rafael\u003c/a>, about the refusal to release information on unbacked bills.\u003c/p>\n\u003cp>“They’re afraid that if they allow that information to come out, God knows, they might have to be more forthcoming about how they spend their time and the people’s money.”\u003c/p>\n\u003cp>Requests were also made of both Assembly Speaker Toni Atkins (D-San Diego) and Senate President pro Tem Kevin de León (D-Los Angeles) to either provide information or to weigh in on whether the records about unbacked bills should be released. Neither legislative leader responded to that request.\u003c/p>\n\u003cp>The anecdotes offered in numerous background conversations with legislative staffers suggest that while some offices ask attorneys to craft very few unbacked bills, others make requests by the dozens. And in some cases, say both staffers and lobbyists, an elected official may have little or no role in a staffer accepting a lobbyist’s request to have the proposed law vetted by taxpayer attorneys.\u003c/p>\n\u003cp>There’s general agreement that unbacked bills can serve a valuable service for less influential groups that don’t have the legal expertise to draft a bill. But it seems clear that powerful interest groups also ask for unbacked bills, and sometimes even multiple versions on the same topic, as a way of hedging their bets.\u003c/p>\n\u003cp>“Those well-prepared lobbyists who have a Plan B and C will draft numerous versions and submit it through a legislative office,” said Falamaki Fulp, “to make sure that they’re ready when the opportunity presents itself.”\u003c/p>\n\u003cp>Exactly how much work these unbacked bills requires of the Legislative Counsel is unclear. Overall, the office — which not only drafts legislation but also offers more general legal advice — has seen its annual operating budget rise steadily. In the fiscal year that ends on June 30, the \u003ca href=\"http://www.ebudget.ca.gov/2014-15/Enacted/StateAgencyBudgets/0010/0160/department.html\" target=\"_blank\" rel=\"noopener\">Legislative Counsel is expected to spend $92.7 million\u003c/a> to provide legal services for lawmakers; that’s up from \u003ca href=\"http://www.ebudget.ca.gov/2009-10-EN/Enacted/StateAgencyBudgets/0010/0160/department.html\" target=\"_blank\" rel=\"noopener\">$81 million just five years ago\u003c/a>.\u003c/p>\n\u003cp>The aggregate data that was requested — that is, total numbers of bills drafted over a two-year legislative session — might have offered some way to compare the total output from the Legislature’s lawyers with the number of bills introduced (4,800 in the 2013-14 session).\u003c/p>\n\u003cp>In their April 27 rejection of KQED News’ records request, Legislative Counsel Diane Boyer-Vine and Chief Deputy Aaron Silva wouldn’t say whether any records existed — simply that any records that were germane “will not be produced.”\u003c/p>\n\u003cp>\u003cem>See below for the KQED News correspondence with the Office of Legislative Counsel regarding information on unbacked bills drafted in the 2013-14 legislative session.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>SACRAMENTO — California communities must hold public hearings before their police departments accept military equipment such as tanks and grenade launchers under a bill approved Monday in the state Assembly.\u003c/p>\n\u003cp>The vote came hours after President Obama announced the federal government would stop providing some combat-style gear to local law enforcement.\u003c/p>\n\u003cp>Police departments have received surplus military equipment for decades, but the practice faces increased scrutiny after police responded in armored trucks and in camouflage against demonstrators protesting the killings of unarmed black men.\u003c/p>\n\u003cp>California lawmakers said the bill, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB36\" target=\"_blank\">AB36\u003c/a>, would help reduce tensions between police and the people they serve. Under the bill, local government bodies like city councils and boards of supervisors must approve the acquisition of military equipment in public meetings.\u003c/p>\n\u003cp>\"This decision needs to be deliberative and not made in haste just because the federal government has made military equipment available,\" said Assemblyman Anthony Rendon (D-Lakewood).\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Beginning in October, the federal government will also require local government approval for certain types of equipment, including battering rams, riot helmets, Humvees and drones. Other equipment transfers will be banned, including camouflage uniforms, weaponized aircraft and armored vehicles that move on tracks.\u003c/p>\n\u003cp>The California bill was opposed by the California Police Chiefs Association and League of California Cities, which say local communities are in the best position to decide whether to hold public meetings about military equipment. Lawmakers who voted against AB36 say it may hurt agencies' ability to receive items such as handcuffs and search-and-rescue helicopters.\u003c/p>\n\u003cp>\"It may put an unnecessary burden on what our law enforcement needs going forward,\" said Assemblyman James Gallagher (R-Nicolaus).\u003c/p>\n\u003cp>AB36 passed the Assembly 52-11 and heads to the Senate.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bill's author, Assemblywoman Nora Campos (D-San Jose), said she will amend her bill to limit it to tanks and large equipment that have caused the most alarm in communities. Her office has also reached out to the White House to coordinate her legislation with federal policy changes.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO — California communities must hold public hearings before their police departments accept military equipment such as tanks and grenade launchers under a bill approved Monday in the state Assembly.\u003c/p>\n\u003cp>The vote came hours after President Obama announced the federal government would stop providing some combat-style gear to local law enforcement.\u003c/p>\n\u003cp>Police departments have received surplus military equipment for decades, but the practice faces increased scrutiny after police responded in armored trucks and in camouflage against demonstrators protesting the killings of unarmed black men.\u003c/p>\n\u003cp>California lawmakers said the bill, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB36\" target=\"_blank\">AB36\u003c/a>, would help reduce tensions between police and the people they serve. Under the bill, local government bodies like city councils and boards of supervisors must approve the acquisition of military equipment in public meetings.\u003c/p>\n\u003cp>\"This decision needs to be deliberative and not made in haste just because the federal government has made military equipment available,\" said Assemblyman Anthony Rendon (D-Lakewood).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Beginning in October, the federal government will also require local government approval for certain types of equipment, including battering rams, riot helmets, Humvees and drones. Other equipment transfers will be banned, including camouflage uniforms, weaponized aircraft and armored vehicles that move on tracks.\u003c/p>\n\u003cp>The California bill was opposed by the California Police Chiefs Association and League of California Cities, which say local communities are in the best position to decide whether to hold public meetings about military equipment. Lawmakers who voted against AB36 say it may hurt agencies' ability to receive items such as handcuffs and search-and-rescue helicopters.\u003c/p>\n\u003cp>\"It may put an unnecessary burden on what our law enforcement needs going forward,\" said Assemblyman James Gallagher (R-Nicolaus).\u003c/p>\n\u003cp>AB36 passed the Assembly 52-11 and heads to the Senate.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bill's author, Assemblywoman Nora Campos (D-San Jose), said she will amend her bill to limit it to tanks and large equipment that have caused the most alarm in communities. Her office has also reached out to the White House to coordinate her legislation with federal policy changes.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Rules in Favor of S.F. Cops in Shooting of Mentally Ill Woman",
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"content": "\u003cp>The U.S. Supreme Court ruled Monday that two San Francisco police officers who entered a mentally ill woman's room, then shot her when she tried to attack them with a knife, are entitled to immunity from a lawsuit alleging they violated the woman's constitutional rights.\u003c/p>\n\u003cp>That ruling settles part of the case arising from \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">a 2008 incident\u003c/a> in which San Francisco police Sgt. Kimberly Reynolds and Officer Katherine Holder shot Theresa Sheehan five times during an incident in a Mission District co-op house for the mentally ill.\u003c/p>\n\u003cp>But the high court's \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1412_0pl1.pdf\" target=\"_blank\">a 6-2 decision\u003c/a> leaves open the possibility that the city could be held liable for violating the federal Americans With Disabilities Act.\u003c/p>\n\u003cp>[contextly_sidebar id=\"FYfy6SCUoxtgzCpdvIRaFIpvcHJoGDxI\"]\u003c/p>\n\u003cp>Sheehan, who suffers from schizoaffective disorder, filed a federal lawsuit against the city arguing police violated the Americans With Disabilities Act (ADA) by failing to accommodate her mental illness during her arrest. The suit also alleged Reynolds and Holder forced a violent confrontation with Sheehan, who was armed with a knife, and violated her Fourth Amendment rights.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>U.S. District Court Judge Charles Breyer in San Francisco rejected both of Sheehan's claims and granted summary judgment to the city, but a 9th U.S. Circuit Court of Appeals panel reversed his ruling and ordered the lower court to try the suit. \u003c/p>\n\u003cp>That, in turn, led the city to appeal and to Monday's action by the U.S. Supreme Court. (Charles Breyer's involvement led Associate Justice Stephen Breyer to recuse himself from the Supreme Court's consideration of the case.)\u003c/p>\n\u003cp>The high court found that the police officers acted within the law and were entitled to \"qualified immunity\" from legal action.\u003c/p>\n\u003cp>Christine Van Aken, the deputy city attorney \u003ca href=\"http://www.scotusblog.com/2015/03/argument-analysis-can-a-really-rough-start-be-overcome/\" target=\"_blank\">who argued the case\u003c/a> before the high court in March, said Monday she was pleased with the outcome for Holder and Reynolds.\u003c/p>\n\u003cp>\"The court's ruling makes it clear that the officers acted reasonably in doing their best to deal with a situation where they saw a lot of risk factors and did their best to resolve the situation right away,\" Van Aken told KQED's Peter Jon Shuler.\u003c/p>\n\u003cp>But the court declined to rule on the much broader issue that San Francisco had originally brought to the court: Whether the ADA's requirement for reasonable accommodations for those with disabilities applies to police officers facing violent situations.\u003c/p>\n\u003cp>In fact, both the majority opinion written by Associate Justice Samuel Alito and the dissent by Associate Justice Antonin Scalia criticized the city for failing to follow up that main argument -- \"the only question for [the Supreme Court] to resolve is whether any accommodation of an armed and violent individual is reasonable or required\" under the ADA -- after the high tribunal accepted the case.\u003c/p>\n\u003cp>Instead, the city argued in its briefs and at oral argument that the ADA's accommodation requirements didn't apply in Sheehan's case because her violent behavior disqualified her for such treatment.\u003c/p>\n\u003cp>Since the city didn't contest the ADA case on the grounds it had cited on appeal, the court majority dismissed that part of the city's case as \"\u003ca href=\"http://www.swlaw.com/assets/pdf/news/2013/01/31/AndAfterAllThatWorkTheDreadedUSSupremeCourtDIG_Sungaila.pdf\" target=\"_blank\">improvidently granted\u003c/a>.\"\u003c/p>\n\u003cp>Scalia, joined in his minority opinion by Associate Justice Elena Kagan, was more blunt. He accused city attorneys of a \"bait and switch\" in its legal strategy:\u003c/p>\n\u003cblockquote>\u003cp>Petitioners [San Francisco] faulted the Ninth Circuit for “holding that the ADA’s reasonable accommodation requirement applies to officers facing violent circumstances,” a conclusion that was “in direct conflict with the categorical prohibition on such claims adopted by the Fifth and Sixth Circuits.” Petitioners had expressly advocated for the Fifth and Sixth Circuits’ position in the Court of Appeals. ... “[T]he ADA does not apply to police officers’ responses to violent individuals who happen to be mentally ill, where officers have not yet brought the violent situation under control”). Imagine our surprise, then, when the petitioners’ principal brief, reply brief, and oral argument had nary a word to say about that subject.\u003c/p>\u003c/blockquote>\n\u003cp>Scalia, in fact, wrote that he wanted the court to dismiss San Francisco's entire appeal, because allowing even the portion concerning the individual police officers to stand amounted to rewarding the city for \"snookering\" the court.\u003c/p>\n\u003cp>The Supreme Court's ruling effectively reinstates the 9th Circuit's order for a trial on Sheehan's ADA claim against the city.\u003c/p>\n\u003cp>Sheehan attorney Ben Nisenbaum said he was pleased with the court's ruling because \"it allows our client to have her day in court\" and recover damages. Deputy City Attorney Van Aken said the city is prepared to defend the case.\u003c/p>\n\u003cp>What exactly is behind the city's switch in legal strategy -- which Scalia and other justices \u003ca href=\"http://www.scotusblog.com/2015/03/argument-analysis-can-a-really-rough-start-be-overcome/\" target=\"_blank\">pointedly questioned\u003c/a> during oral arguments two months ago?\u003c/p>\n\u003cp>\u003ca href=\"http://www.slate.com/articles/news_and_politics/jurisprudence/2015/05/sheehan_case_of_police_shooting_mentally_ill_woman_san_francisco_saved_the.html\" target=\"_blank\">Slate argues\u003c/a> that the city's retreat from its original argument may have been by design and intended to support those who argue that police officers must accommodate the mentally ill in violent situations:\u003c/p>\n\u003cblockquote>\u003cp>Anybody who cares about disability rights, then, should be grateful for San Francisco’s dodge. It may have been inglorious and, legally speaking, a little unseemly. But it reflected a pragmatism that has been conspicuously absent from recent progressive litigation. San Francisco’s city attorney won’t win many laurels for his last-minute evasion. But his maneuvering saved the rest of the country from a ruling that may have given cops free rein to treat mentally disabled people like typical violent offenders—and pull the trigger accordingly.\u003c/p>\u003c/blockquote>\n\u003cp>Of course, even experts are having a problem explaining how this case turned out.\u003c/p>\n\u003cp>Asked by Peter Jon Shuler whether the city had bungled the case, Stanford law Professor Robert Wiseberg said, \"I can't tell whether it was bungled or just a change of mind, a chickening out of the ADA issue -- I just don't know.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"sheehanscotus\">\u003c/a>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/265779909/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_48501\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court ruled Monday that two San Francisco police officers who entered a mentally ill woman's room, then shot her when she tried to attack them with a knife, are entitled to immunity from a lawsuit alleging they violated the woman's constitutional rights.\u003c/p>\n\u003cp>That ruling settles part of the case arising from \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">a 2008 incident\u003c/a> in which San Francisco police Sgt. Kimberly Reynolds and Officer Katherine Holder shot Theresa Sheehan five times during an incident in a Mission District co-op house for the mentally ill.\u003c/p>\n\u003cp>But the high court's \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1412_0pl1.pdf\" target=\"_blank\">a 6-2 decision\u003c/a> leaves open the possibility that the city could be held liable for violating the federal Americans With Disabilities Act.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Sheehan, who suffers from schizoaffective disorder, filed a federal lawsuit against the city arguing police violated the Americans With Disabilities Act (ADA) by failing to accommodate her mental illness during her arrest. The suit also alleged Reynolds and Holder forced a violent confrontation with Sheehan, who was armed with a knife, and violated her Fourth Amendment rights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S. District Court Judge Charles Breyer in San Francisco rejected both of Sheehan's claims and granted summary judgment to the city, but a 9th U.S. Circuit Court of Appeals panel reversed his ruling and ordered the lower court to try the suit. \u003c/p>\n\u003cp>That, in turn, led the city to appeal and to Monday's action by the U.S. Supreme Court. (Charles Breyer's involvement led Associate Justice Stephen Breyer to recuse himself from the Supreme Court's consideration of the case.)\u003c/p>\n\u003cp>The high court found that the police officers acted within the law and were entitled to \"qualified immunity\" from legal action.\u003c/p>\n\u003cp>Christine Van Aken, the deputy city attorney \u003ca href=\"http://www.scotusblog.com/2015/03/argument-analysis-can-a-really-rough-start-be-overcome/\" target=\"_blank\">who argued the case\u003c/a> before the high court in March, said Monday she was pleased with the outcome for Holder and Reynolds.\u003c/p>\n\u003cp>\"The court's ruling makes it clear that the officers acted reasonably in doing their best to deal with a situation where they saw a lot of risk factors and did their best to resolve the situation right away,\" Van Aken told KQED's Peter Jon Shuler.\u003c/p>\n\u003cp>But the court declined to rule on the much broader issue that San Francisco had originally brought to the court: Whether the ADA's requirement for reasonable accommodations for those with disabilities applies to police officers facing violent situations.\u003c/p>\n\u003cp>In fact, both the majority opinion written by Associate Justice Samuel Alito and the dissent by Associate Justice Antonin Scalia criticized the city for failing to follow up that main argument -- \"the only question for [the Supreme Court] to resolve is whether any accommodation of an armed and violent individual is reasonable or required\" under the ADA -- after the high tribunal accepted the case.\u003c/p>\n\u003cp>Instead, the city argued in its briefs and at oral argument that the ADA's accommodation requirements didn't apply in Sheehan's case because her violent behavior disqualified her for such treatment.\u003c/p>\n\u003cp>Since the city didn't contest the ADA case on the grounds it had cited on appeal, the court majority dismissed that part of the city's case as \"\u003ca href=\"http://www.swlaw.com/assets/pdf/news/2013/01/31/AndAfterAllThatWorkTheDreadedUSSupremeCourtDIG_Sungaila.pdf\" target=\"_blank\">improvidently granted\u003c/a>.\"\u003c/p>\n\u003cp>Scalia, joined in his minority opinion by Associate Justice Elena Kagan, was more blunt. He accused city attorneys of a \"bait and switch\" in its legal strategy:\u003c/p>\n\u003cblockquote>\u003cp>Petitioners [San Francisco] faulted the Ninth Circuit for “holding that the ADA’s reasonable accommodation requirement applies to officers facing violent circumstances,” a conclusion that was “in direct conflict with the categorical prohibition on such claims adopted by the Fifth and Sixth Circuits.” Petitioners had expressly advocated for the Fifth and Sixth Circuits’ position in the Court of Appeals. ... “[T]he ADA does not apply to police officers’ responses to violent individuals who happen to be mentally ill, where officers have not yet brought the violent situation under control”). Imagine our surprise, then, when the petitioners’ principal brief, reply brief, and oral argument had nary a word to say about that subject.\u003c/p>\u003c/blockquote>\n\u003cp>Scalia, in fact, wrote that he wanted the court to dismiss San Francisco's entire appeal, because allowing even the portion concerning the individual police officers to stand amounted to rewarding the city for \"snookering\" the court.\u003c/p>\n\u003cp>The Supreme Court's ruling effectively reinstates the 9th Circuit's order for a trial on Sheehan's ADA claim against the city.\u003c/p>\n\u003cp>Sheehan attorney Ben Nisenbaum said he was pleased with the court's ruling because \"it allows our client to have her day in court\" and recover damages. Deputy City Attorney Van Aken said the city is prepared to defend the case.\u003c/p>\n\u003cp>What exactly is behind the city's switch in legal strategy -- which Scalia and other justices \u003ca href=\"http://www.scotusblog.com/2015/03/argument-analysis-can-a-really-rough-start-be-overcome/\" target=\"_blank\">pointedly questioned\u003c/a> during oral arguments two months ago?\u003c/p>\n\u003cp>\u003ca href=\"http://www.slate.com/articles/news_and_politics/jurisprudence/2015/05/sheehan_case_of_police_shooting_mentally_ill_woman_san_francisco_saved_the.html\" target=\"_blank\">Slate argues\u003c/a> that the city's retreat from its original argument may have been by design and intended to support those who argue that police officers must accommodate the mentally ill in violent situations:\u003c/p>\n\u003cblockquote>\u003cp>Anybody who cares about disability rights, then, should be grateful for San Francisco’s dodge. It may have been inglorious and, legally speaking, a little unseemly. But it reflected a pragmatism that has been conspicuously absent from recent progressive litigation. San Francisco’s city attorney won’t win many laurels for his last-minute evasion. But his maneuvering saved the rest of the country from a ruling that may have given cops free rein to treat mentally disabled people like typical violent offenders—and pull the trigger accordingly.\u003c/p>\u003c/blockquote>\n\u003cp>Of course, even experts are having a problem explaining how this case turned out.\u003c/p>\n\u003cp>Asked by Peter Jon Shuler whether the city had bungled the case, Stanford law Professor Robert Wiseberg said, \"I can't tell whether it was bungled or just a change of mind, a chickening out of the ADA issue -- I just don't know.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"sheehanscotus\">\u003c/a>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/265779909/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_48501\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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