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"content": "\u003cp>LAS VEGAS — The uncertainty over gay marriage hit couples in the West as the U.S. Supreme Court allowed same-sex couples in Nevada to exchange vows but blocked those in Idaho from doing the same.\u003c/p>\n\u003cp>Justice Anthony Kennedy's ruling allowed same-sex marriages to begin in the Silver State, clarifying an earlier order. Kennedy said Wednesday afternoon that he is temporarily putting on hold same-sex marriage in Idaho, where state officials have asked for the delay. Officials in Nevada didn't request a stay.\u003c/p>\n\u003cp>Kennedy's orders were the latest twist in the national drama unfolding as more states see same-sex unions made legal and others continue to fight such a change, leaving many couples in limbo.\u003c/p>\n\u003cp>The news of Kennedy's initial stay in Idaho, delivered at 8:01 a.m. to about 10 gay couples and dozens of their supporters, left a crowded room in a Boise clerk's office in silence, except for a small child asking, \"Why?\"\u003c/p>\n\u003cp>Amber Beierle, one of the eight women who sued Idaho over the gay marriage ban, had hoped to marry her partner, Rachael. They arrived at the courthouse before it opened at 8 a.m.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We were past the metal detectors, we were just a few feet away from the clerk and then our attorney was handed a one-page document,\" Beierle said. \"Apparently it was Justice Kennedy telling us no.\"\u003c/p>\n\u003cp>She said the hardest part was calling her mom to tell her she wasn't going to be able to get married after all.\u003c/p>\n\u003cp>Rachael Beierle, who has had her last name legally changed, said the room was filled with emotions, but it was even more difficult listening to the children ask their parents what was going on.\u003c/p>\n\u003cp>\"To hear a 4-year-old ask, 'Why, Mommy? Why can't you get married?'\" she said. \"We're asking the same questions.\u003c/p>\n\u003cp>There has been a flurry of legal activity over gay marriage this week.\u003c/p>\n\u003cp>On Monday, the U.S. Supreme Court refused an appeal, which effectively made gay marriage legal in 30 states.\u003c/p>\n\u003cp>Then Tuesday, the 9th U.S. Circuit Court of Appeals followed the Supreme Court's action with a ruling declaring that gay couples' equal protection rights were violated by the same-sex-marriage bans in both states.\u003c/p>\n\u003cp>Idaho Gov. C.L. \"Butch\" Otter said in a statement he was \"pleased\" with Justice Kennedy's early morning stay.\u003c/p>\n\u003cp>\"I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage,\" Otter said.\u003c/p>\n\u003cp>Both Otter and Idaho Attorney General Lawrence Wasden filed emergency motions early Wednesday morning in an effort to delay Tuesday's ruling that declared gay marriage legal in Idaho and Nevada. Kennedy's order came just over an hour after the motion was filed.\u003c/p>\n\u003cp>It's unclear just how long the U.S. Supreme Court will keep the Idaho stay in effect.\u003c/p>\n\u003cp>\"The next thing that is sure to happen is that the plaintiffs in this case will file their opposition to the stay, and then Justice Kennedy — probably sometime on Friday — will issue an opinion on whether the stay should be continued,\" said Shaakirrah Sanders, an associate law professor with the University of Idaho's College of Law in Boise.\u003c/p>\n\u003cp>The 9th U.S. Circuit's decision to make its Tuesday ruling effective immediately was unusual, Sanders said, because it removed the procedural grace period that parties to a case normally have to appeal. The stay from Kennedy could be less about wanting to consider the results of the case and more about reminding the 9th Circuit that it shouldn't skirt the rules, she said.\u003c/p>\n\u003cp>Officials at Lambda Legal, the gay rights advocacy organization that argued the Nevada case on behalf of eight same-sex couples, noted only Idaho sought the stay.\u003c/p>\n\u003cp>Jon Davidson, the group's legal director, had called for the nation's highest court to clarify whether Nevada can issue marriage licenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Pierceall reported from Las Vegas. Associated Press reporters Ken Ritter and Michelle Rindels in Las Vegas, Rebecca Boone in Boise and Paul Elias in San Francisco contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We were past the metal detectors, we were just a few feet away from the clerk and then our attorney was handed a one-page document,\" Beierle said. \"Apparently it was Justice Kennedy telling us no.\"\u003c/p>\n\u003cp>She said the hardest part was calling her mom to tell her she wasn't going to be able to get married after all.\u003c/p>\n\u003cp>Rachael Beierle, who has had her last name legally changed, said the room was filled with emotions, but it was even more difficult listening to the children ask their parents what was going on.\u003c/p>\n\u003cp>\"To hear a 4-year-old ask, 'Why, Mommy? Why can't you get married?'\" she said. \"We're asking the same questions.\u003c/p>\n\u003cp>There has been a flurry of legal activity over gay marriage this week.\u003c/p>\n\u003cp>On Monday, the U.S. Supreme Court refused an appeal, which effectively made gay marriage legal in 30 states.\u003c/p>\n\u003cp>Then Tuesday, the 9th U.S. Circuit Court of Appeals followed the Supreme Court's action with a ruling declaring that gay couples' equal protection rights were violated by the same-sex-marriage bans in both states.\u003c/p>\n\u003cp>Idaho Gov. C.L. \"Butch\" Otter said in a statement he was \"pleased\" with Justice Kennedy's early morning stay.\u003c/p>\n\u003cp>\"I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage,\" Otter said.\u003c/p>\n\u003cp>Both Otter and Idaho Attorney General Lawrence Wasden filed emergency motions early Wednesday morning in an effort to delay Tuesday's ruling that declared gay marriage legal in Idaho and Nevada. Kennedy's order came just over an hour after the motion was filed.\u003c/p>\n\u003cp>It's unclear just how long the U.S. Supreme Court will keep the Idaho stay in effect.\u003c/p>\n\u003cp>\"The next thing that is sure to happen is that the plaintiffs in this case will file their opposition to the stay, and then Justice Kennedy — probably sometime on Friday — will issue an opinion on whether the stay should be continued,\" said Shaakirrah Sanders, an associate law professor with the University of Idaho's College of Law in Boise.\u003c/p>\n\u003cp>The 9th U.S. Circuit's decision to make its Tuesday ruling effective immediately was unusual, Sanders said, because it removed the procedural grace period that parties to a case normally have to appeal. The stay from Kennedy could be less about wanting to consider the results of the case and more about reminding the 9th Circuit that it shouldn't skirt the rules, she said.\u003c/p>\n\u003cp>Officials at Lambda Legal, the gay rights advocacy organization that argued the Nevada case on behalf of eight same-sex couples, noted only Idaho sought the stay.\u003c/p>\n\u003cp>Jon Davidson, the group's legal director, had called for the nation's highest court to clarify whether Nevada can issue marriage licenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Pierceall reported from Las Vegas. Associated Press reporters Ken Ritter and Michelle Rindels in Las Vegas, Rebecca Boone in Boise and Paul Elias in San Francisco contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Teens' Life-and-Death Struggle for Asylum in America",
"title": "Teens' Life-and-Death Struggle for Asylum in America",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/171211484\" params=\"color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with \u003ca href=\"http://www.publicintegrity.org/\" target=\"_blank\">The Center for Public Integrity\u003c/a>, a nonprofit, nonpartisan investigative news organization in Washington, D.C.\u003c/em>\u003c/p>\n\u003cp>LOS ANGELES -- While other kids enjoyed summer break, a teenager with more on her mind slipped into her only dressy jacket and traveled south to Anaheim, to a nondescript building housing the local office of U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>Lithe and athletic, the girl knew she'd be less than a mile from Disneyland, \"the happiest place on Earth.\" But for Maria, a pseudonym, fun was a luxury she couldn't afford that day.\u003c/p>\n\u003cp>At the tender age of 15, she faced an interview to plead, essentially, for her life -- to ask for \u003ca href=\"https://www.publicintegrity.org/juvenile-justice\" target=\"_blank\">refuge from violence\u003c/a> so chilling her family thought it better to \u003ca href=\"https://www.publicintegrity.org/2014/07/18/15120/trains-amputations-and-roots-why-kids-are-run\" target=\"_blank\">smuggle her\u003c/a> to the United States, in the spring of 2013.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Two years ago a friend of mine died in a very cold-blooded way. She died cut to pieces,\" Maria said in Spanish, beginning to recount what she told a U.S. asylum officer. \"My best friend.\"\u003c/p>\n\u003cp>As she recalled the story again, her soft voice trembled; tears ran down her cheeks.\u003c/p>\n\u003cp>She said police in El Salvador asked her to identify body parts pulled from a bag dumped in a river -- she recognized her friend's birthmark on one of the legs. She said she also witnessed a boy shot and dragged off after a soccer game -- he was later found hanged. And before she fled, Maria said, she'd been asking her father, a U.S. truck driver, for more and more money so she could pay murderous \u003ca href=\"https://www.google.com/search?q=ms-13\" target=\"_blank\">MS-13\u003c/a> gangsters $60 a month to leave her alone.\u003c/p>\n\u003cfigure id=\"attachment_10342773\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342773\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg\" alt=\"Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was traumatized,\" Maria sobbed. \"I still am from seeing that body split apart. That dismembered head. Those arms. ... As time went by, I didn't want to go out, or eat, or do anything. The only thing I wanted to do was to die. I told myself that the same thing could happen to me.\"\u003c/p>\n\u003cp>After the 90-minute interview, the asylum officer told Maria she might know the outcome of her request in two weeks. More than three months later, after starting 11th grade this fall at an LA public high school, she was still waiting for an answer.\u003c/p>\n\u003cp>\u003cstrong>A Test for U.S. Asylum\u003c/strong>\u003c/p>\n\u003cp>In coming months, the American asylum system's treatment of young people like Maria will be tested as never before -- on U.S. soil and in Central America as well.\u003c/p>\n\u003cp>The challenge to the system's integrity and humanitarian obligations follows an 88 percent increase in \"unaccompanied minors\" seized at the border this year. More than 66,000 kids traveling without parents were \u003ca href=\"http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children\" target=\"_blank\">apprehended by the Border Patrol \u003c/a>between October 2013 and the end of August.\u003c/p>\n\u003cp>News footage showed minors from Honduras, El Salvador and Guatemala simply walking up to agents to be taken in. Now a record number are expected to apply for asylum based on gang persecution, a basis for refugee status that's becoming more common. It's also a highly debated area of law.\u003c/p>\n\u003cp>The White House on Sept. 30 approved a plan to allow a limited number of minors to apply for refugee status -- the equivalent of asylum -- from inside those three Central American countries if their parents are in the U.S. with legal status, including, potentially, parents with temporary legal status.\u003c/p>\n\u003cp>The plan echoes in-country refugee screenings in the past inside Haiti and Vietnam. But just like Maria, who crossed the border illegally in 2013, children in home countries will face eligibility requirements for asylum refugee status that go beyond experiencing fear.\u003c/p>\n\u003cp>The asylum application system for minors on U.S. territory has been designed, over time, to be deliberative and compassionate, yet it is by no means a sure thing for kids like Maria.\u003c/p>\n\u003caside class=\"pullquote alignright\">\"As traumatic as it is seeing your friend or family member executed by a gang...generally speaking that would not be considered grounds for a refugee definition.\"\u003ccite>Former Asylum Officer Christopher Manny\u003c/cite>\u003c/aside>\n\u003cp>In the court of U.S. public opinion, some have already reacted with unvarnished hostility to the flood of teens and preteens and their claims to be seeking a haven from relentless violence.\u003c/p>\n\u003cp>\"They're going to be sucking us dry,\" Cape Cod resident Mary Woodruff \u003ca href=\"http://radioboston.wbur.org/2014/07/24/immigrant-children\" target=\"_blank\">said\u003c/a>, as Boston's WBUR radio taped public debate over a proposal to shelter detained kids at a National Guard base in the popular vacation region.\u003c/p>\n\u003cp>Yet the public writ large seems to be conflicted. Fifty-two percent of respondents in an \u003ca href=\"http://ap-gfkpoll.com/main/wp-content/uploads/2014/07/AP-GfK-July-2014-Poll-Topline-FINAL-Immigration.pdf\" target=\"_blank\">Associated Press-GfK opinion poll\u003c/a> in late July said children claiming to be fleeing gang violence shouldn't be treated as refugees in need of asylum. Yet a survey by the nonpartisan \u003ca href=\"http://publicreligion.org/research/2014/07/july-2014-unaccompanied-minors/\" target=\"_blank\">Public Religion Research Institute \u003c/a>the same month found 69 percent support for allowing minors to stay if U.S. authorities decided it was unsafe for them to be deported.\u003c/p>\n\u003cp>Unaccompanied minors have an indisputable right to request an immigration hearing and seek asylum, but immigration skeptics want these kids to be treated more like adults who are subjected to rapid \"credible fear\" tests that can lead to their \"expedited deportation.\" Refugee rights advocates, meanwhile, are trying to make sure these kids -- who have no right to appointed counsel -- have help from attorneys.\u003c/p>\n\u003cp>As federal officials rush to prioritize resolution of minors' applications, members of Congress are aggressively attacking the current asylum system as well as children's claims they actually face mortal threats. Meanwhile, pro bono lawyers are struggling to document horrors some teens have faced -- while line-level asylum officers face decisions about matters children tell them could mean life or death.\u003c/p>\n\u003cp>\u003cstrong>Truth About Terror Not Enough\u003c/strong>\u003c/p>\n\u003cp>To win asylum, or refugee status, even children have to go beyond simply proving that they're being truthful about terrifying experiences.\u003c/p>\n\u003cp>\"While age should be taken into account in making the persecution determination,\" says an asylum officers' \u003ca href=\"http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Refugees%20%26%20Asylum/Asylum/AOBTC%20Lesson%20Plans/Guidelines-for-Childrens-Asylum-Claims-31aug10.pdf\" target=\"_blank\">training guide\u003c/a>, \"not all harm to a child, including physical mistreatment and detention, constitutes persecution.\"\u003c/p>\n\u003cfigure id=\"attachment_10342776\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg\" alt=\"While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"286\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Homeland Security declined a request to speak with an active asylum officer. But Christopher Manny, a former asylum officer in Chicago and Miami, explained the constraints of the law.\u003c/p>\n\u003cp>\"As traumatic as it is seeing your friend or family member executed by a gang for refusing recruitment or refusing an extortion demand,\" Manny said, \"generally speaking that would not be considered grounds for a refugee definition.\"\u003c/p>\n\u003cp>Officers must also be convinced, Manny said, that children's suffering had a \"nexus,\" or was rooted in a persecutor's intent to harm them because of one or more of five reasons: religious or political persuasion, race, nationality or because they belong to an identifiable \"social group\" that's persecuted and unprotected.\u003c/p>\n\u003cp>Since minors, like adults, have no right to the appointment of counsel in deportation or asylum proceedings, they largely depend on nonprofit and pro bono attorneys who often need crash courses from colleagues because they've never studied asylum law.\u003c/p>\n\u003cp>State bar associations have put out calls for members to volunteer -- beginning with initial appearances the kids make before immigration judges. Kids are also showing up for help at advocacy groups like Los Angeles' Esperanza Immigrant Rights Project, Chicago's National Immigrant Justice Center and Washington D.C.'s Capital Area Immigrants' Rights Coalition, among others.\u003c/p>\n\u003cp>Kids in Need of Defense, a nonprofit in the nation's capital, is scrambling to match Central American minors with counsel from a pool of 8,000 potential pro bono lawyers nationwide that the group has developed at law firms, corporations and law schools.\u003c/p>\n\u003cp>In September, as part of the budget process, Congress rejected a White House request for $64 million to hire more immigration judges to clear backlogs that delay cases for years and to provide other legal support, including $15 million in direct representation for kids.\u003c/p>\n\u003cp>The Justice Department, though, is pressing ahead with \u003ca href=\"http://www.justice.gov/opa/pr/justice-department-and-cncs-announce-18-million-grants-enhance-immigration-court-proceedings\" target=\"_blank\">$1.8 million in grants\u003c/a> to groups to bolster legal representation for kids under 16. The Department of Health and Human Services, which runs shelters for the minors, announced in late September that it's providing $9 million in grants for two years to fund nonprofit legal aid groups that provide counsel.\u003c/p>\n\u003cp>It's unclear exactly how many kids will get counsel, but it can clearly make a difference. A recent \u003ca href=\"http://trac.syr.edu/immigration/reports/359/\" target=\"_blank\">analysis\u003c/a> of a decade's worth of immigration court records showed that 43 percent of about 100,000 juveniles in the courts had counsel. About half of those kids were ultimately allowed to stay for various reasons, asylum among them. Only one in 10 without counsel was successful, according to researchers at Syracuse University.\u003c/p>\n\u003cfigure id=\"attachment_10342968\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa.jpg\">\u003cimg class=\"wp-image-10342968 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa-400x360.jpg\" alt=\"San Diego-area Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent surge among children. (NICHOLAS KAMM/AFP/Getty Images)\" width=\"400\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-400x360.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-800x721.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In a June hearing, Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent child immigrant surge, saying \"You’re seeing...a flood of illegals coming here prepped to say whatever they need to say to get to stay here.\" (NICHOLAS KAMM/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\"An attorney is so, so central,\" said \u003ca href=\"http://cgrs.uchastings.edu/about/bio/lisa-frydman\" target=\"_blank\">Lisa Frydman\u003c/a>, managing director of the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>\"How does a child begin to understand what kinds of evidence they have to put together,\" Frydman said, \"or begin to understand what the definition of a refugee even means?\"\u003c/p>\n\u003cp>Comprehending the intricacies of the law is just one challenge; lawyers also face the daunting task of figuring out how to gather statements and relevant evidence from foreign countries where people are often terrified to hand over records.\u003c/p>\n\u003cp>Under current federal law -- laws some in Congress now want changed -- minors who arrive on their own must be released from Border Patrol custody and placed in shelters within 72 hours. They receive basic child-friendly legal briefings. And if they are from \"non-contiguous\" countries, like those in Central America, they must be given a date to appear before an immigration judge before they can be deported.\u003c/p>\n\u003cp>If a child decides to seek asylum, immigration judges transfer their cases for judgment to the U.S. Asylum Office system, which is part of the Department of Homeland Security.\u003c/p>\n\u003cp>If asylum officers don't subsequently find children eligible for asylum, their cases return to immigration courts, where they can again argue for asylum in a hearing that can be more adversarial, with a government attorney cross-examining them.\u003c/p>\n\u003cp>\u003cstrong>Sorting It Out\u003c/strong>\u003c/p>\n\u003cp>As images of minors crossing the border began to dominate news programs and talk shows, the issue quickly morphed into a political football laced with confusing accusations and misleading statistics.\u003c/p>\n\u003cp>Between October and the end of June, more than 1,500 asylum requests were filed by unaccompanied minors. They added up to only 4 percent of all asylum applications nationally during that time. But minors' requests did more than double in less than a year. By the end of June, about 2,180 cases -- including Maria's, in Anaheim -- were pending resolution nationwide, according to data provided by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cfigure id=\"attachment_10342961\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg\" alt=\"The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-800x567.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>During the first nine months of the 2014 fiscal year, 65 percent of kids interviewed by asylum officers were granted refuge -- a rate criticized as excessive in a widely covered \u003ca href=\"http://judiciary.house.gov/index.cfm/press-releases?ID=D9573AEB-21E9-453A-BE8D-AF01A482E9B7\" target=\"_blank\">press release\u003c/a> issued in July by House of Representatives Judiciary Committee Chairman Bob Goodlatte, a Virginia Republican who opposes federal expenditures on counsel for unaccompanied minors. He declined to comment further.\u003c/p>\n\u003cp>Goodlatte's July release alleged that too many kids were being rushed to undeserving asylum status on the basis of \"proven or possible fraud,\" citing an internal report from the Department of Homeland Security.\u003c/p>\n\u003cp>What the release didn't say was that the overall numbers of kids approved during that time frame was modest: just 108 minors.\u003c/p>\n\u003cp>About 60 other cases were sent to immigration judges for what amounts to an appeal. Thirty-eight additional cases were closed for reasons that included failure to appear. Only two of the 108 minors approved were new arrivals who came in during the nine-month time frame; the rest were kids who had arrived earlier.\u003c/p>\n\u003cp>\u003cstrong>U.S. Government Reports on Brutal Gangs\u003c/strong>\u003c/p>\n\u003cp>In that recent nine-month period, some 90 percent of the kids interviewed by asylum officers were represented by counsel. On average, up to now, most minors have taken more than 300 days to file formal application forms. Because kids are kids, and are frightened, lawyers say, it can take weeks, even months, to fully understand what happened to them.\u003c/p>\n\u003cp>Asylum officers attempt to resolve cases within a few months of receiving an application. Kids' lawyers say the process is accelerating now that the Department of Homeland Security, the umbrella agency handling border and immigration matters, has made minors' cases a priority.\u003c/p>\n\u003cp>To help frame minors' stories, lawyers say they routinely submit, with applications, U.S. government reports acknowledging the pervasive, brutal control organized-crime rings now exert in Central America.\u003c/p>\n\u003cp>In 2012, the U.S. Treasury Department designated the notorious MS-13 gang -- which Maria said preyed on her -- as a \"transnational crime organization\" involved in global narcotics smuggling and other crimes. A U.S. State Department report also warned in 2006 that kids as young as 8 were targets for gang recruitment, extortion and retaliation in some countries.\u003c/p>\n\u003cp>Honduras, El Salvador and Guatemala have some of the highest per capita murder rates in the world.\u003c/p>\n\u003cp>A Congressional Research Service paper issued in July took note of a United Nations survey of about 400 Central American minors in U.S. custody in the fall of 2013. About half said they had experienced \"serious harm or threats by organized criminal groups or state actors,\" references to gangs and to corrupt police.\u003c/p>\n\u003cp>But these claims are controversial. San Diego-area GOP Rep. Darrell Issa, chair of the House Committee on Oversight and Government Reform, downplayed the role of gang violence in creating the recent surge among children.\u003c/p>\n\u003cfigure id=\"attachment_10342780\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342780\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg\" alt=\"Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\" width=\"400\" height=\"454\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-800x908.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"What you're seeing is a flood of illegals coming here prepped to say whatever they need to say to get to stay here because the president of the United States has told them, in no uncertain terms: If they get here, he won't enforce the law,\" Issa said at a June congressional hearing. Reports of \"cheat sheets\" composed by smugglers hired by parents fueled the idea that kids were making stories up.\u003c/p>\n\u003cp>Maria said it was her idea in 2013 to flee El Salvador, not her father's, and she implored him to help her.\u003c/p>\n\u003cp>\"The majority of my friends that have stayed in El Salvador are terrified. Some tolerate beatings; others, threats. Others are in the gangs now. Waiting to see when it's their day to die,\" Maria said, her voice shaking.\u003c/p>\n\u003cp>\"It's a country where no one can even play safely, nor think. Nothing,\" she said. \"The police are dominated by the gangs. You go to complain about a gangster and a little while later, they know about it.\"\u003c/p>\n\u003cp>Lawyers have argued with mixed success that girls who face rape and servitude to notorious criminal bands in Central America constitute a persecuted social group.\u003c/p>\n\u003cp>They've also argued that kids who resist gang recruitment and face brutal retaliation are a social group, along with kids who witness crimes where police are either incapable or too corrupt to protect them from retaliation.\u003c/p>\n\u003cp>Lawyers for Maria at the Esperanza Immigrant Rights Project submitted a legal memo arguing that the teenager is a witness to crime who requires protection because she is vulnerable to retaliation.\u003c/p>\n\u003cp>Patricia Ortiz, Esperanza's managing attorney, is confident that the kids whose cases she's taken are truthful.\u003c/p>\n\u003cp>\"Just because all of them are telling similar stories does not mean that they are lying,\" she said. \"It just means that they're living in a country where they are not safe, and they're in a country where they can't walk out into the street without being afraid of being murdered or hurt or facing some kind of harm.\"\u003c/p>\n\u003cp>Former asylum officer Manny said officers are trained to spot stories that raise suspicions. They receive bulletins if details in multiple applicants' stories seem oddly similar.\u003c/p>\n\u003cp>\"What to look for,\" he said of children, \"is basically the consistency of their testimony, whether they seem like they believe it or whether they seem to be speaking vicariously through someone else.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.publicintegrity.org/2014/10/08/15861/life-and-death-struggle-asylum-america\" target=\"_blank\">Read the rest of the story\u003c/a> on The Center for Public Integrity's website.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='20'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/171211484&visual=true&color=ff5500&inverse=false&auto_play=false&show_user=true'\n title='https://api.soundcloud.com/tracks/171211484'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with \u003ca href=\"http://www.publicintegrity.org/\" target=\"_blank\">The Center for Public Integrity\u003c/a>, a nonprofit, nonpartisan investigative news organization in Washington, D.C.\u003c/em>\u003c/p>\n\u003cp>LOS ANGELES -- While other kids enjoyed summer break, a teenager with more on her mind slipped into her only dressy jacket and traveled south to Anaheim, to a nondescript building housing the local office of U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>Lithe and athletic, the girl knew she'd be less than a mile from Disneyland, \"the happiest place on Earth.\" But for Maria, a pseudonym, fun was a luxury she couldn't afford that day.\u003c/p>\n\u003cp>At the tender age of 15, she faced an interview to plead, essentially, for her life -- to ask for \u003ca href=\"https://www.publicintegrity.org/juvenile-justice\" target=\"_blank\">refuge from violence\u003c/a> so chilling her family thought it better to \u003ca href=\"https://www.publicintegrity.org/2014/07/18/15120/trains-amputations-and-roots-why-kids-are-run\" target=\"_blank\">smuggle her\u003c/a> to the United States, in the spring of 2013.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Two years ago a friend of mine died in a very cold-blooded way. She died cut to pieces,\" Maria said in Spanish, beginning to recount what she told a U.S. asylum officer. \"My best friend.\"\u003c/p>\n\u003cp>As she recalled the story again, her soft voice trembled; tears ran down her cheeks.\u003c/p>\n\u003cp>She said police in El Salvador asked her to identify body parts pulled from a bag dumped in a river -- she recognized her friend's birthmark on one of the legs. She said she also witnessed a boy shot and dragged off after a soccer game -- he was later found hanged. And before she fled, Maria said, she'd been asking her father, a U.S. truck driver, for more and more money so she could pay murderous \u003ca href=\"https://www.google.com/search?q=ms-13\" target=\"_blank\">MS-13\u003c/a> gangsters $60 a month to leave her alone.\u003c/p>\n\u003cfigure id=\"attachment_10342773\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342773\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg\" alt=\"Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was traumatized,\" Maria sobbed. \"I still am from seeing that body split apart. That dismembered head. Those arms. ... As time went by, I didn't want to go out, or eat, or do anything. The only thing I wanted to do was to die. I told myself that the same thing could happen to me.\"\u003c/p>\n\u003cp>After the 90-minute interview, the asylum officer told Maria she might know the outcome of her request in two weeks. More than three months later, after starting 11th grade this fall at an LA public high school, she was still waiting for an answer.\u003c/p>\n\u003cp>\u003cstrong>A Test for U.S. Asylum\u003c/strong>\u003c/p>\n\u003cp>In coming months, the American asylum system's treatment of young people like Maria will be tested as never before -- on U.S. soil and in Central America as well.\u003c/p>\n\u003cp>The challenge to the system's integrity and humanitarian obligations follows an 88 percent increase in \"unaccompanied minors\" seized at the border this year. More than 66,000 kids traveling without parents were \u003ca href=\"http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children\" target=\"_blank\">apprehended by the Border Patrol \u003c/a>between October 2013 and the end of August.\u003c/p>\n\u003cp>News footage showed minors from Honduras, El Salvador and Guatemala simply walking up to agents to be taken in. Now a record number are expected to apply for asylum based on gang persecution, a basis for refugee status that's becoming more common. It's also a highly debated area of law.\u003c/p>\n\u003cp>The White House on Sept. 30 approved a plan to allow a limited number of minors to apply for refugee status -- the equivalent of asylum -- from inside those three Central American countries if their parents are in the U.S. with legal status, including, potentially, parents with temporary legal status.\u003c/p>\n\u003cp>The plan echoes in-country refugee screenings in the past inside Haiti and Vietnam. But just like Maria, who crossed the border illegally in 2013, children in home countries will face eligibility requirements for asylum refugee status that go beyond experiencing fear.\u003c/p>\n\u003cp>The asylum application system for minors on U.S. territory has been designed, over time, to be deliberative and compassionate, yet it is by no means a sure thing for kids like Maria.\u003c/p>\n\u003caside class=\"pullquote alignright\">\"As traumatic as it is seeing your friend or family member executed by a gang...generally speaking that would not be considered grounds for a refugee definition.\"\u003ccite>Former Asylum Officer Christopher Manny\u003c/cite>\u003c/aside>\n\u003cp>In the court of U.S. public opinion, some have already reacted with unvarnished hostility to the flood of teens and preteens and their claims to be seeking a haven from relentless violence.\u003c/p>\n\u003cp>\"They're going to be sucking us dry,\" Cape Cod resident Mary Woodruff \u003ca href=\"http://radioboston.wbur.org/2014/07/24/immigrant-children\" target=\"_blank\">said\u003c/a>, as Boston's WBUR radio taped public debate over a proposal to shelter detained kids at a National Guard base in the popular vacation region.\u003c/p>\n\u003cp>Yet the public writ large seems to be conflicted. Fifty-two percent of respondents in an \u003ca href=\"http://ap-gfkpoll.com/main/wp-content/uploads/2014/07/AP-GfK-July-2014-Poll-Topline-FINAL-Immigration.pdf\" target=\"_blank\">Associated Press-GfK opinion poll\u003c/a> in late July said children claiming to be fleeing gang violence shouldn't be treated as refugees in need of asylum. Yet a survey by the nonpartisan \u003ca href=\"http://publicreligion.org/research/2014/07/july-2014-unaccompanied-minors/\" target=\"_blank\">Public Religion Research Institute \u003c/a>the same month found 69 percent support for allowing minors to stay if U.S. authorities decided it was unsafe for them to be deported.\u003c/p>\n\u003cp>Unaccompanied minors have an indisputable right to request an immigration hearing and seek asylum, but immigration skeptics want these kids to be treated more like adults who are subjected to rapid \"credible fear\" tests that can lead to their \"expedited deportation.\" Refugee rights advocates, meanwhile, are trying to make sure these kids -- who have no right to appointed counsel -- have help from attorneys.\u003c/p>\n\u003cp>As federal officials rush to prioritize resolution of minors' applications, members of Congress are aggressively attacking the current asylum system as well as children's claims they actually face mortal threats. Meanwhile, pro bono lawyers are struggling to document horrors some teens have faced -- while line-level asylum officers face decisions about matters children tell them could mean life or death.\u003c/p>\n\u003cp>\u003cstrong>Truth About Terror Not Enough\u003c/strong>\u003c/p>\n\u003cp>To win asylum, or refugee status, even children have to go beyond simply proving that they're being truthful about terrifying experiences.\u003c/p>\n\u003cp>\"While age should be taken into account in making the persecution determination,\" says an asylum officers' \u003ca href=\"http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Refugees%20%26%20Asylum/Asylum/AOBTC%20Lesson%20Plans/Guidelines-for-Childrens-Asylum-Claims-31aug10.pdf\" target=\"_blank\">training guide\u003c/a>, \"not all harm to a child, including physical mistreatment and detention, constitutes persecution.\"\u003c/p>\n\u003cfigure id=\"attachment_10342776\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg\" alt=\"While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"286\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Homeland Security declined a request to speak with an active asylum officer. But Christopher Manny, a former asylum officer in Chicago and Miami, explained the constraints of the law.\u003c/p>\n\u003cp>\"As traumatic as it is seeing your friend or family member executed by a gang for refusing recruitment or refusing an extortion demand,\" Manny said, \"generally speaking that would not be considered grounds for a refugee definition.\"\u003c/p>\n\u003cp>Officers must also be convinced, Manny said, that children's suffering had a \"nexus,\" or was rooted in a persecutor's intent to harm them because of one or more of five reasons: religious or political persuasion, race, nationality or because they belong to an identifiable \"social group\" that's persecuted and unprotected.\u003c/p>\n\u003cp>Since minors, like adults, have no right to the appointment of counsel in deportation or asylum proceedings, they largely depend on nonprofit and pro bono attorneys who often need crash courses from colleagues because they've never studied asylum law.\u003c/p>\n\u003cp>State bar associations have put out calls for members to volunteer -- beginning with initial appearances the kids make before immigration judges. Kids are also showing up for help at advocacy groups like Los Angeles' Esperanza Immigrant Rights Project, Chicago's National Immigrant Justice Center and Washington D.C.'s Capital Area Immigrants' Rights Coalition, among others.\u003c/p>\n\u003cp>Kids in Need of Defense, a nonprofit in the nation's capital, is scrambling to match Central American minors with counsel from a pool of 8,000 potential pro bono lawyers nationwide that the group has developed at law firms, corporations and law schools.\u003c/p>\n\u003cp>In September, as part of the budget process, Congress rejected a White House request for $64 million to hire more immigration judges to clear backlogs that delay cases for years and to provide other legal support, including $15 million in direct representation for kids.\u003c/p>\n\u003cp>The Justice Department, though, is pressing ahead with \u003ca href=\"http://www.justice.gov/opa/pr/justice-department-and-cncs-announce-18-million-grants-enhance-immigration-court-proceedings\" target=\"_blank\">$1.8 million in grants\u003c/a> to groups to bolster legal representation for kids under 16. The Department of Health and Human Services, which runs shelters for the minors, announced in late September that it's providing $9 million in grants for two years to fund nonprofit legal aid groups that provide counsel.\u003c/p>\n\u003cp>It's unclear exactly how many kids will get counsel, but it can clearly make a difference. A recent \u003ca href=\"http://trac.syr.edu/immigration/reports/359/\" target=\"_blank\">analysis\u003c/a> of a decade's worth of immigration court records showed that 43 percent of about 100,000 juveniles in the courts had counsel. About half of those kids were ultimately allowed to stay for various reasons, asylum among them. Only one in 10 without counsel was successful, according to researchers at Syracuse University.\u003c/p>\n\u003cfigure id=\"attachment_10342968\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa.jpg\">\u003cimg class=\"wp-image-10342968 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa-400x360.jpg\" alt=\"San Diego-area Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent surge among children. (NICHOLAS KAMM/AFP/Getty Images)\" width=\"400\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-400x360.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-800x721.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In a June hearing, Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent child immigrant surge, saying \"You’re seeing...a flood of illegals coming here prepped to say whatever they need to say to get to stay here.\" (NICHOLAS KAMM/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\"An attorney is so, so central,\" said \u003ca href=\"http://cgrs.uchastings.edu/about/bio/lisa-frydman\" target=\"_blank\">Lisa Frydman\u003c/a>, managing director of the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>\"How does a child begin to understand what kinds of evidence they have to put together,\" Frydman said, \"or begin to understand what the definition of a refugee even means?\"\u003c/p>\n\u003cp>Comprehending the intricacies of the law is just one challenge; lawyers also face the daunting task of figuring out how to gather statements and relevant evidence from foreign countries where people are often terrified to hand over records.\u003c/p>\n\u003cp>Under current federal law -- laws some in Congress now want changed -- minors who arrive on their own must be released from Border Patrol custody and placed in shelters within 72 hours. They receive basic child-friendly legal briefings. And if they are from \"non-contiguous\" countries, like those in Central America, they must be given a date to appear before an immigration judge before they can be deported.\u003c/p>\n\u003cp>If a child decides to seek asylum, immigration judges transfer their cases for judgment to the U.S. Asylum Office system, which is part of the Department of Homeland Security.\u003c/p>\n\u003cp>If asylum officers don't subsequently find children eligible for asylum, their cases return to immigration courts, where they can again argue for asylum in a hearing that can be more adversarial, with a government attorney cross-examining them.\u003c/p>\n\u003cp>\u003cstrong>Sorting It Out\u003c/strong>\u003c/p>\n\u003cp>As images of minors crossing the border began to dominate news programs and talk shows, the issue quickly morphed into a political football laced with confusing accusations and misleading statistics.\u003c/p>\n\u003cp>Between October and the end of June, more than 1,500 asylum requests were filed by unaccompanied minors. They added up to only 4 percent of all asylum applications nationally during that time. But minors' requests did more than double in less than a year. By the end of June, about 2,180 cases -- including Maria's, in Anaheim -- were pending resolution nationwide, according to data provided by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cfigure id=\"attachment_10342961\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg\" alt=\"The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-800x567.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>During the first nine months of the 2014 fiscal year, 65 percent of kids interviewed by asylum officers were granted refuge -- a rate criticized as excessive in a widely covered \u003ca href=\"http://judiciary.house.gov/index.cfm/press-releases?ID=D9573AEB-21E9-453A-BE8D-AF01A482E9B7\" target=\"_blank\">press release\u003c/a> issued in July by House of Representatives Judiciary Committee Chairman Bob Goodlatte, a Virginia Republican who opposes federal expenditures on counsel for unaccompanied minors. He declined to comment further.\u003c/p>\n\u003cp>Goodlatte's July release alleged that too many kids were being rushed to undeserving asylum status on the basis of \"proven or possible fraud,\" citing an internal report from the Department of Homeland Security.\u003c/p>\n\u003cp>What the release didn't say was that the overall numbers of kids approved during that time frame was modest: just 108 minors.\u003c/p>\n\u003cp>About 60 other cases were sent to immigration judges for what amounts to an appeal. Thirty-eight additional cases were closed for reasons that included failure to appear. Only two of the 108 minors approved were new arrivals who came in during the nine-month time frame; the rest were kids who had arrived earlier.\u003c/p>\n\u003cp>\u003cstrong>U.S. Government Reports on Brutal Gangs\u003c/strong>\u003c/p>\n\u003cp>In that recent nine-month period, some 90 percent of the kids interviewed by asylum officers were represented by counsel. On average, up to now, most minors have taken more than 300 days to file formal application forms. Because kids are kids, and are frightened, lawyers say, it can take weeks, even months, to fully understand what happened to them.\u003c/p>\n\u003cp>Asylum officers attempt to resolve cases within a few months of receiving an application. Kids' lawyers say the process is accelerating now that the Department of Homeland Security, the umbrella agency handling border and immigration matters, has made minors' cases a priority.\u003c/p>\n\u003cp>To help frame minors' stories, lawyers say they routinely submit, with applications, U.S. government reports acknowledging the pervasive, brutal control organized-crime rings now exert in Central America.\u003c/p>\n\u003cp>In 2012, the U.S. Treasury Department designated the notorious MS-13 gang -- which Maria said preyed on her -- as a \"transnational crime organization\" involved in global narcotics smuggling and other crimes. A U.S. State Department report also warned in 2006 that kids as young as 8 were targets for gang recruitment, extortion and retaliation in some countries.\u003c/p>\n\u003cp>Honduras, El Salvador and Guatemala have some of the highest per capita murder rates in the world.\u003c/p>\n\u003cp>A Congressional Research Service paper issued in July took note of a United Nations survey of about 400 Central American minors in U.S. custody in the fall of 2013. About half said they had experienced \"serious harm or threats by organized criminal groups or state actors,\" references to gangs and to corrupt police.\u003c/p>\n\u003cp>But these claims are controversial. San Diego-area GOP Rep. Darrell Issa, chair of the House Committee on Oversight and Government Reform, downplayed the role of gang violence in creating the recent surge among children.\u003c/p>\n\u003cfigure id=\"attachment_10342780\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342780\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg\" alt=\"Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\" width=\"400\" height=\"454\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-800x908.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"What you're seeing is a flood of illegals coming here prepped to say whatever they need to say to get to stay here because the president of the United States has told them, in no uncertain terms: If they get here, he won't enforce the law,\" Issa said at a June congressional hearing. Reports of \"cheat sheets\" composed by smugglers hired by parents fueled the idea that kids were making stories up.\u003c/p>\n\u003cp>Maria said it was her idea in 2013 to flee El Salvador, not her father's, and she implored him to help her.\u003c/p>\n\u003cp>\"The majority of my friends that have stayed in El Salvador are terrified. Some tolerate beatings; others, threats. Others are in the gangs now. Waiting to see when it's their day to die,\" Maria said, her voice shaking.\u003c/p>\n\u003cp>\"It's a country where no one can even play safely, nor think. Nothing,\" she said. \"The police are dominated by the gangs. You go to complain about a gangster and a little while later, they know about it.\"\u003c/p>\n\u003cp>Lawyers have argued with mixed success that girls who face rape and servitude to notorious criminal bands in Central America constitute a persecuted social group.\u003c/p>\n\u003cp>They've also argued that kids who resist gang recruitment and face brutal retaliation are a social group, along with kids who witness crimes where police are either incapable or too corrupt to protect them from retaliation.\u003c/p>\n\u003cp>Lawyers for Maria at the Esperanza Immigrant Rights Project submitted a legal memo arguing that the teenager is a witness to crime who requires protection because she is vulnerable to retaliation.\u003c/p>\n\u003cp>Patricia Ortiz, Esperanza's managing attorney, is confident that the kids whose cases she's taken are truthful.\u003c/p>\n\u003cp>\"Just because all of them are telling similar stories does not mean that they are lying,\" she said. \"It just means that they're living in a country where they are not safe, and they're in a country where they can't walk out into the street without being afraid of being murdered or hurt or facing some kind of harm.\"\u003c/p>\n\u003cp>Former asylum officer Manny said officers are trained to spot stories that raise suspicions. They receive bulletins if details in multiple applicants' stories seem oddly similar.\u003c/p>\n\u003cp>\"What to look for,\" he said of children, \"is basically the consistency of their testimony, whether they seem like they believe it or whether they seem to be speaking vicariously through someone else.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.publicintegrity.org/2014/10/08/15861/life-and-death-struggle-asylum-america\" target=\"_blank\">Read the rest of the story\u003c/a> on The Center for Public Integrity's website.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Twitter Sues Feds for Right to Disclose Surveillance Data ",
"title": "Twitter Sues Feds for Right to Disclose Surveillance Data ",
"headTitle": "State of Surveillance | News Fix | KQED News",
"content": "\u003cp>Twitter is suing the FBI and the Department of Justice to be able to release more information about government surveillance of its users.\u003c/p>\n\u003cp>The social media company filed a lawsuit Tuesday in U.S. District Court in San Francisco (\u003ca href=\"#twittersuit\">embedded below\u003c/a>) seeking permission to publish its full \"transparency report,\" which documents government requests for user information. Twitter Inc. published a surveillance report in July but couldn't include the exact number of national security requests it received because Internet companies are prohibited from disclosing that information, even if they didn't get any requests.\u003c/p>\n\u003cp>The San Francisco-based company said in a blog post that it believes it's entitled under the First Amendment to \"respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance.\"\u003c/p>\n\u003cp>The U.S. government has been able to access phone networks and high-speed Internet traffic for years to catch suspected criminals and terrorists. The FBI also started pushing technology companies like Google, Skype and others to guarantee access to their data streams and grab emails, video chats, pictures and more. It recently emerged that \u003ca href=\"http://www.washingtonpost.com/business/technology/us-threatened-massive-fine-to-force-yahoo-to-release-data/2014/09/11/38a7f69e-39e8-11e4-9c9f-ebb47272e40e_story.html\" target=\"_blank\">Yahoo was threatened with a daily fine of $250,000\u003c/a> by the U.S. government if it didn't comply with demands to give up information on its users. A secret 2007 lawsuit and subsequent appeal was ultimately unsuccessful, the company said last month after a federal judge ordered some material about the court challenge to be unsealed.\u003c/p>\n\u003cp>Technology companies say they turn over information only if required by court order, and in the interest of transparency with their customers, want to share information about the government's activities.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters ('NSLs') and Foreign Intelligence Surveillance Act ('FISA') court orders received -- even if that number is zero,\" Ben Lee, Twitter's vice president of legal, wrote \u003ca href=\"https://blog.twitter.com/2014/taking-the-fight-for-transparency-to-court\" target=\"_blank\">in a blog post\u003c/a>.\u003c/p>\n\u003cp>In January, the Justice Department and five leading Internet companies, including Google, Facebook, Yahoo and LinkedIn, agreed to a compromise that would allow the firms to reveal how often they are ordered to turn over information about their customers in national security investigations.\u003c/p>\n\u003cp>DOJ spokeswoman Emily Pierce said in an email Tuesday that the agency worked collaboratively with those companies \"to allow them to provide broad information on government requests while also protecting national security.\" The FBI referred requests for comment to the Justice Department's response.\u003c/p>\n\u003cp>But Twitter's lawsuit pushes further -- for example, it wants to be able to disclose what types of information the government did or didn't ask for.\u003c/p>\n\u003cp>\"We hope that other technology companies will now follow Twitter's lead,\" said Jameel Jaffer, deputy legal director of the American Civil Liberties Union, in a statement. \"Technology companies have an obligation to protect their customers' sensitive information against overbroad government surveillance, and to be candid with their customers about how their information is being used and shared.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"twittersuit\">\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/242228387/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_53693\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Twitter is suing the FBI and the Department of Justice to be able to release more information about government surveillance of its users.\u003c/p>\n\u003cp>The social media company filed a lawsuit Tuesday in U.S. District Court in San Francisco (\u003ca href=\"#twittersuit\">embedded below\u003c/a>) seeking permission to publish its full \"transparency report,\" which documents government requests for user information. Twitter Inc. published a surveillance report in July but couldn't include the exact number of national security requests it received because Internet companies are prohibited from disclosing that information, even if they didn't get any requests.\u003c/p>\n\u003cp>The San Francisco-based company said in a blog post that it believes it's entitled under the First Amendment to \"respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance.\"\u003c/p>\n\u003cp>The U.S. government has been able to access phone networks and high-speed Internet traffic for years to catch suspected criminals and terrorists. The FBI also started pushing technology companies like Google, Skype and others to guarantee access to their data streams and grab emails, video chats, pictures and more. It recently emerged that \u003ca href=\"http://www.washingtonpost.com/business/technology/us-threatened-massive-fine-to-force-yahoo-to-release-data/2014/09/11/38a7f69e-39e8-11e4-9c9f-ebb47272e40e_story.html\" target=\"_blank\">Yahoo was threatened with a daily fine of $250,000\u003c/a> by the U.S. government if it didn't comply with demands to give up information on its users. A secret 2007 lawsuit and subsequent appeal was ultimately unsuccessful, the company said last month after a federal judge ordered some material about the court challenge to be unsealed.\u003c/p>\n\u003cp>Technology companies say they turn over information only if required by court order, and in the interest of transparency with their customers, want to share information about the government's activities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters ('NSLs') and Foreign Intelligence Surveillance Act ('FISA') court orders received -- even if that number is zero,\" Ben Lee, Twitter's vice president of legal, wrote \u003ca href=\"https://blog.twitter.com/2014/taking-the-fight-for-transparency-to-court\" target=\"_blank\">in a blog post\u003c/a>.\u003c/p>\n\u003cp>In January, the Justice Department and five leading Internet companies, including Google, Facebook, Yahoo and LinkedIn, agreed to a compromise that would allow the firms to reveal how often they are ordered to turn over information about their customers in national security investigations.\u003c/p>\n\u003cp>DOJ spokeswoman Emily Pierce said in an email Tuesday that the agency worked collaboratively with those companies \"to allow them to provide broad information on government requests while also protecting national security.\" The FBI referred requests for comment to the Justice Department's response.\u003c/p>\n\u003cp>But Twitter's lawsuit pushes further -- for example, it wants to be able to disclose what types of information the government did or didn't ask for.\u003c/p>\n\u003cp>\"We hope that other technology companies will now follow Twitter's lead,\" said Jameel Jaffer, deputy legal director of the American Civil Liberties Union, in a statement. \"Technology companies have an obligation to protect their customers' sensitive information against overbroad government surveillance, and to be candid with their customers about how their information is being used and shared.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"twittersuit\">\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/242228387/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_53693\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jahi McMath Update: Lawyer Shows Video of Stricken Teenager ",
"title": "Jahi McMath Update: Lawyer Shows Video of Stricken Teenager ",
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"content": "\u003cp>\u003cstrong>Update, 9:05 a.m. Friday:\u003c/strong> The lawyer representing Jahi McMath and her family invited reporters to his Market Street office on Thursday. The purpose: to see some of the evidence attorney Christopher Dolan says proves \"irrefutably\" that the Oakland teenager, declared dead last year because doctors said all brain function had ceased, is not in fact brain dead. \u003c/p>\n\u003cp>Here's how the Oakland Tribune's David DeBolt \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_26651742/jahi-mcmath-attorney-shows-video-he-says-proves\" target=\"_blank\">describes Dolan's presentation\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Two brief videos, shown on TV screens at Dolan's Market Street office, were filmed within the past month with family, Dolan and neurologists looking on, Dolan said. He insisted they were not doctored in any way and didn't allow reporters or photographers to videotape the event. ...\u003c/p>\n\u003cp>... In the first video Dolan showed Thursday, Jahi, who has been on various machines giving her nutrients and oxygen since December, is shown on a hospital bed with signs posted one wall. Her toenails are painted. Except for her head and feet, she is covered in blankets. Her mother, Nailah Winkfield, is at her side and asks Jahi to move her foot.\u003c/p>\n\u003cp>\"Kick your foot Jahi,\" Winkfield said. \"Move your foot. Come on, Jahi, we are watching. I see you wiggling your toes. Come on, Jahi you can do it. Try your hardest. I see you move your toes.\"\u003c/p>\n\u003cp>About 40 seconds later, her right foot twists upward.\u003c/p>\n\u003cp>\"Very good Jahi. I'm proud of you,\" her mother can be heard saying.\u003c/p>\n\u003cp>In a second video, Jahi's hand moves four seconds after her mother asks her to move it and then it moves for a second time after Winkfield asks her to move it harder. Then the camera zooms out to show Winkfield standing by Jahi, whose eyes are closed. The video is about 40 seconds long.\u003c/p>\u003c/blockquote>\n\u003cp>And here's an account \u003ca href=\"http://www.sfgate.com/bayarea/article/Videos-show-Mom-coaxing-Jahi-McMath-moving-5797622.php\" target=\"_blank\">from the San Francisco Chronicle's Matier and Ross\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Dolan, on a speaker phone with Philip DeFina, chairman and CEO of the International Brain Research Foundation in New Jersey, said researchers had conducted brain imaging and other tests on Jahi at Rutgers University with the assistance of medical school neurologist Charles Prestigiacomo and found she had measurable brain activity.\u003c/p>\n\u003cp>“If the brain is dead, there is no electrical activity,” DeFina said.\u003c/p>\n\u003cp>Stanford bioethics Professor David McManus, who has not seen the video showing Jahi’s movements or DeFina’s findings, disputed the validity of any test that wasn’t an independent clinical exam conducted by a qualified neurologist.\u003c/p>\n\u003cp>“I haven’t seen any signs or evidence that they have had such an evaluation,” he said. “The rest is smoke and mirrors.”\u003c/p>\n\u003cp>McManus added, “Patients (found brain dead) don’t recover — it’s irreversible. That would be groundbreaking, and a dramatic finding that would be problematic for the entire neurological community.’’\u003c/p>\u003c/blockquote>\n\u003cp>McManus's note of caution -- or is it skepticism? -- is echoed by an expert quoted Friday by the Associated Press:\u003c/p>\n\u003cblockquote>\u003cp>Arthur Caplan, head of medical ethics at New York University's Langone Medical Center, said he knows of no cases of a brain-death determination being reversed. He cautioned that the data collected on Jahi has to be examined by other researchers and experts in the field before any conclusions can be made.\u003c/p>\n\u003cp>\"Were this to be true, it would be an earth-shattering development in understanding death,\" Caplan said. \"They're playing a high-stakes game.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Thursday):\u003c/strong> Jahi McMath, the Oakland teenager who has been kept on mechanical support since being declared brain-dead last year, is back in the news. The lawyer representing her family has filed a petition with an Oakland judge claiming he has \"irrefutable evidence that Jahi is no longer brain-dead\" and demanding the judge reverse his finding that she's deceased.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Alameda County Superior Court Judge Evelio Grillo issued his finding last December after doctors at UCSF Benioff Children's Hospital Oakland and a court-appointed neurologist all found that the girl was brain-dead. McMath had undergone surgery to correct obstructive sleep apnea and suffered hemorrhaging that interrupted the flow of oxygen to her brain.\u003c/p>\n\u003cp>McMath's family went to court to stop Children's Hospital from removing the teenager from a ventilator. Although Grillo had declared McMath dead, the family was allowed to remove her from the hospital. She has been in \u003ca href=\"http://www.mercurynews.com/science/ci_25992852/jahi-mcmath-being-kept-alive-at-new-jersey?source=pkg\" target=\"_blank\">a New Jersey hospital since then\u003c/a> and the subject of periodic reports from her family that she has shown signs of life.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In his petition filed earlier this week (\u003ca href=\"#jahimcmathfilings\">embedded below\u003c/a>), McMath family attorney Christopher Dolan argued that McMath no longer meets the definition of brain death \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=07001-08000&file=7180\" target=\"_blank\">under California law\u003c/a> -- \"irreversible cessation of all functions of the entire brain,\u003cbr>\nincluding the brain stem.\"\u003c/p>\n\u003cblockquote>\u003cp>Petitioner is in possession of current evidence, including MRI evidence of the integrity of the brain structure, electrical activity in her brain as demonstrated by EEG, the onset of menarche (her entering into puberty as evidenced by the beginning of menstruation) and response to audible commands, given by both her mother and an attending physician, demonstrating that Jahi McMath's brain death was not irreversible.\u003c/p>\u003c/blockquote>\n\u003cp>Dolan also offers an explanation for why the court-appointed neurologist, Dr. Paul Graham Fisher of Stanford, determined the girl was brain-dead. The lawyer suggests that McMath \"demonstrated evidence of brain death due to the swelling of her brain following the traumatic events that led to her suffering a loss of oxygen to her brain.\"\u003c/p>\n\u003cp>Dolan argues that the court has both the jurisdiction and responsibility to reverse its death declaration.\u003c/p>\n\u003cp>A brief from UCSF Benioff Children's Hospital Oakland doesn't address Dolan's purported medical evidence but argues that the court's final judgment in the case \"is not subject to reversal, review, reconsideration re-opening or collateral attack.\" Grillo has scheduled a hearing on Dolan's petition for next Thursday, Oct. 9.\u003c/p>\n\u003cp>The Oakland Tribune's David DeBolt and Kristin J. Bender produced \u003ca href=\"http://www.insidebayarea.com/news/ci_26644996/jahi-mcmath-family-seeks-have-brain-death-ruling\" target=\"_blank\">an excellent report on the case\u003c/a> Thursday. Dolan and medical experts agree on one thing: the situation he's describing is unprecedented:\u003c/p>\n\u003cblockquote>\u003cp>\"It's the only case of its kind ever,\" Dolan said by phone Wednesday. \"Jahi is 'Patient 1.' This is a real person we are talking about, a live person who feels pain. She isn't suffering.\" ...\u003c/p>\n\u003cp>... Arthur Caplan, director of the division of medical ethics at New York University's School of Medicine, said any recovery from brain death would be a first and in this case \"miraculous since she was declared dead three times.\"\u003c/p>\n\u003cp>\"This would force us to re-examine the whole nature of death in America,\" Caplan said. \"But I don't believe it.\"\u003c/p>\n\u003cp>Dolan said his experts who have evaluated Jahi and will testify in court are \"certified neurologists, pediatric neurologists and a prominent world expert on brain death.\" He wouldn't name the experts and they aren't named in court papers, though Dolan said he plans to file the experts' declarations in court Friday.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca id=\"jahimcmathfilings\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_57258\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/241735750/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 9:05 a.m. Friday:\u003c/strong> The lawyer representing Jahi McMath and her family invited reporters to his Market Street office on Thursday. The purpose: to see some of the evidence attorney Christopher Dolan says proves \"irrefutably\" that the Oakland teenager, declared dead last year because doctors said all brain function had ceased, is not in fact brain dead. \u003c/p>\n\u003cp>Here's how the Oakland Tribune's David DeBolt \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_26651742/jahi-mcmath-attorney-shows-video-he-says-proves\" target=\"_blank\">describes Dolan's presentation\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Two brief videos, shown on TV screens at Dolan's Market Street office, were filmed within the past month with family, Dolan and neurologists looking on, Dolan said. He insisted they were not doctored in any way and didn't allow reporters or photographers to videotape the event. ...\u003c/p>\n\u003cp>... In the first video Dolan showed Thursday, Jahi, who has been on various machines giving her nutrients and oxygen since December, is shown on a hospital bed with signs posted one wall. Her toenails are painted. Except for her head and feet, she is covered in blankets. Her mother, Nailah Winkfield, is at her side and asks Jahi to move her foot.\u003c/p>\n\u003cp>\"Kick your foot Jahi,\" Winkfield said. \"Move your foot. Come on, Jahi, we are watching. I see you wiggling your toes. Come on, Jahi you can do it. Try your hardest. I see you move your toes.\"\u003c/p>\n\u003cp>About 40 seconds later, her right foot twists upward.\u003c/p>\n\u003cp>\"Very good Jahi. I'm proud of you,\" her mother can be heard saying.\u003c/p>\n\u003cp>In a second video, Jahi's hand moves four seconds after her mother asks her to move it and then it moves for a second time after Winkfield asks her to move it harder. Then the camera zooms out to show Winkfield standing by Jahi, whose eyes are closed. The video is about 40 seconds long.\u003c/p>\u003c/blockquote>\n\u003cp>And here's an account \u003ca href=\"http://www.sfgate.com/bayarea/article/Videos-show-Mom-coaxing-Jahi-McMath-moving-5797622.php\" target=\"_blank\">from the San Francisco Chronicle's Matier and Ross\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Dolan, on a speaker phone with Philip DeFina, chairman and CEO of the International Brain Research Foundation in New Jersey, said researchers had conducted brain imaging and other tests on Jahi at Rutgers University with the assistance of medical school neurologist Charles Prestigiacomo and found she had measurable brain activity.\u003c/p>\n\u003cp>“If the brain is dead, there is no electrical activity,” DeFina said.\u003c/p>\n\u003cp>Stanford bioethics Professor David McManus, who has not seen the video showing Jahi’s movements or DeFina’s findings, disputed the validity of any test that wasn’t an independent clinical exam conducted by a qualified neurologist.\u003c/p>\n\u003cp>“I haven’t seen any signs or evidence that they have had such an evaluation,” he said. “The rest is smoke and mirrors.”\u003c/p>\n\u003cp>McManus added, “Patients (found brain dead) don’t recover — it’s irreversible. That would be groundbreaking, and a dramatic finding that would be problematic for the entire neurological community.’’\u003c/p>\u003c/blockquote>\n\u003cp>McManus's note of caution -- or is it skepticism? -- is echoed by an expert quoted Friday by the Associated Press:\u003c/p>\n\u003cblockquote>\u003cp>Arthur Caplan, head of medical ethics at New York University's Langone Medical Center, said he knows of no cases of a brain-death determination being reversed. He cautioned that the data collected on Jahi has to be examined by other researchers and experts in the field before any conclusions can be made.\u003c/p>\n\u003cp>\"Were this to be true, it would be an earth-shattering development in understanding death,\" Caplan said. \"They're playing a high-stakes game.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Thursday):\u003c/strong> Jahi McMath, the Oakland teenager who has been kept on mechanical support since being declared brain-dead last year, is back in the news. The lawyer representing her family has filed a petition with an Oakland judge claiming he has \"irrefutable evidence that Jahi is no longer brain-dead\" and demanding the judge reverse his finding that she's deceased.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alameda County Superior Court Judge Evelio Grillo issued his finding last December after doctors at UCSF Benioff Children's Hospital Oakland and a court-appointed neurologist all found that the girl was brain-dead. McMath had undergone surgery to correct obstructive sleep apnea and suffered hemorrhaging that interrupted the flow of oxygen to her brain.\u003c/p>\n\u003cp>McMath's family went to court to stop Children's Hospital from removing the teenager from a ventilator. Although Grillo had declared McMath dead, the family was allowed to remove her from the hospital. She has been in \u003ca href=\"http://www.mercurynews.com/science/ci_25992852/jahi-mcmath-being-kept-alive-at-new-jersey?source=pkg\" target=\"_blank\">a New Jersey hospital since then\u003c/a> and the subject of periodic reports from her family that she has shown signs of life.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In his petition filed earlier this week (\u003ca href=\"#jahimcmathfilings\">embedded below\u003c/a>), McMath family attorney Christopher Dolan argued that McMath no longer meets the definition of brain death \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=07001-08000&file=7180\" target=\"_blank\">under California law\u003c/a> -- \"irreversible cessation of all functions of the entire brain,\u003cbr>\nincluding the brain stem.\"\u003c/p>\n\u003cblockquote>\u003cp>Petitioner is in possession of current evidence, including MRI evidence of the integrity of the brain structure, electrical activity in her brain as demonstrated by EEG, the onset of menarche (her entering into puberty as evidenced by the beginning of menstruation) and response to audible commands, given by both her mother and an attending physician, demonstrating that Jahi McMath's brain death was not irreversible.\u003c/p>\u003c/blockquote>\n\u003cp>Dolan also offers an explanation for why the court-appointed neurologist, Dr. Paul Graham Fisher of Stanford, determined the girl was brain-dead. The lawyer suggests that McMath \"demonstrated evidence of brain death due to the swelling of her brain following the traumatic events that led to her suffering a loss of oxygen to her brain.\"\u003c/p>\n\u003cp>Dolan argues that the court has both the jurisdiction and responsibility to reverse its death declaration.\u003c/p>\n\u003cp>A brief from UCSF Benioff Children's Hospital Oakland doesn't address Dolan's purported medical evidence but argues that the court's final judgment in the case \"is not subject to reversal, review, reconsideration re-opening or collateral attack.\" Grillo has scheduled a hearing on Dolan's petition for next Thursday, Oct. 9.\u003c/p>\n\u003cp>The Oakland Tribune's David DeBolt and Kristin J. Bender produced \u003ca href=\"http://www.insidebayarea.com/news/ci_26644996/jahi-mcmath-family-seeks-have-brain-death-ruling\" target=\"_blank\">an excellent report on the case\u003c/a> Thursday. Dolan and medical experts agree on one thing: the situation he's describing is unprecedented:\u003c/p>\n\u003cblockquote>\u003cp>\"It's the only case of its kind ever,\" Dolan said by phone Wednesday. \"Jahi is 'Patient 1.' This is a real person we are talking about, a live person who feels pain. She isn't suffering.\" ...\u003c/p>\n\u003cp>... Arthur Caplan, director of the division of medical ethics at New York University's School of Medicine, said any recovery from brain death would be a first and in this case \"miraculous since she was declared dead three times.\"\u003c/p>\n\u003cp>\"This would force us to re-examine the whole nature of death in America,\" Caplan said. \"But I don't believe it.\"\u003c/p>\n\u003cp>Dolan said his experts who have evaluated Jahi and will testify in court are \"certified neurologists, pediatric neurologists and a prominent world expert on brain death.\" He wouldn't name the experts and they aren't named in court papers, though Dolan said he plans to file the experts' declarations in court Friday.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"jahimcmathfilings\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_57258\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/241735750/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "half-of-those-killed-by-san-francisco-police-are-mentally-ill",
"title": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill",
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"headTitle": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill | KQED",
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"content": "\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/170360914&color=ff5500&inverse=false&auto_play=false&show_user=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Often it starts with a call for help. A family member, a caretaker or even a stranger dials 911 seeking paramedics to treat someone in a psychiatric crisis. But when there’s a threat of violence, the first responders are usually police, and what started as a call for help can quickly turn deadly for a person with a treatable illness.\u003c/p>\n\u003cp>That’s what happened when Christine Goias called 911 seeking help for her son, 34-year-old Errol Chang, who was in the midst of a schizophrenic breakdown at his father’s Pacifica home in March.\u003c/p>\n\u003cp>“He has paranoia and he’s thinking people are wanting to assassinate him, and now he doesn’t trust anyone,” Goias \u003ca href=\"http://www.mercurynews.com/News/ci_25883634/San-Mateo-County-DA:-Officers-justified\" target=\"_blank\" rel=\"noopener\">told the dispatcher\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">A KQED review of San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent of people killed by police had a mental illness that was a contributing factor in the incident.\u003c/aside>\n\u003cp>She said her son wouldn’t go with them in the car and, in response to a question, said that he had a “little ax” in his pocket. “I hoped that they would be able to come and help us to take him to the hospital,” Goias said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Errol’s brother, Matt Chang, said that when police arrived he was with Errol in the backyard, trying to calm him down. Responding officers from Pacifica were trained in crisis intervention, according to San Mateo District Attorney Steve Wagstaffe’s \u003ca href=\"http://www.scribd.com/doc/241406747/San-Mateo-DA-Review-of-Errol-Chang-Shooting-5-30-2014\" target=\"_blank\" rel=\"noopener\">review of the incident\u003c/a>.\u003c/p>\n\u003cp>Matt Chang said police told his brother they were there to help, and his brother responded that he didn’t want their help.\u003c/p>\n\u003cp>A series of escalations led Chang to barricade himself inside the house. The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_25378394/pacifica-man-shot-by-police-hours-after-release\" target=\"_blank\" rel=\"noopener\">Daly City SWAT team arrived\u003c/a> with assault rifles and an armored car.\u003c/p>\n\u003cp>According to the DA review, police were worried Chang might find a .22-caliber rifle and ammunition hidden separately in the house. The SWAT team held their assault rifles trained on the house and took cover behind the armored car.\u003c/p>\n\u003caside class=\"left\">\n\u003ch3>\u003ca href=\"#data\">Search database of police killings\u003c/a>\u003c/h3>\n\u003cp>\u003ca href=\"#data\">\u003cimg decoding=\"async\" src=\"http://u.s.kqed.net/2014/09/30/ScreenShot20140930at9.png\" alt=\"\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Over a loudspeaker, \u003ca href=\"https://www.youtube.com/watch?v=0sEWGwXHMh0\" target=\"_blank\" rel=\"noopener\">an officer droned a repeated message\u003c/a> for Chang to come outside. No response. Police threw flash-bang grenades into the house trying to scare Chang outside and, at one point, threw a phone through the window, but Chang didn’t answer it.\u003c/p>\n\u003cp>“People with schizophrenia, they’re afraid people are trying to hurt them, which is why my brother was armed,” Matt Chang said. “They need to feel safe. Holding 20 AR-15s at this person, with a tank and all the stuff, and then throwing flash grenades, it doesn’t make them feel safe.”\u003c/p>\n\u003cp>More than six hours after Goias called 911, Daly City SWAT officers breached the house. Chang had built a barricade in the hallway. Two officers climbed over a mattress and furniture and ran into Chang, who was now holding a knife and stabbed an officer in the arm.\u003c/p>\n\u003cp>The SWAT officers shot Chang eight times in the chest, killing him.\u003c/p>\n\u003cp>The DA review found the shooting was legally justified, and commended the two officers involved in the shooting for their attempts to avoid that outcome.\u003c/p>\n\u003cp>\u003cstrong>And, Again\u003c/strong>\u003c/p>\n\u003cp>Less than three months after Errol Chang was killed, 18-year-old Yanira Serrano-Garcia was shot and killed by a San Mateo sheriff’s deputy in Half Moon Bay, 14 miles south of Pacifica.\u003c/p>\n\u003cfigure id=\"attachment_149035\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149035 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg\" alt=\"Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\" width=\"640\" height=\"435\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-1028x699.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Serrano-Garcia’s brother called seeking medical help. His sister was refusing to take medication prescribed for schizophrenia and was arguing with her parents.\u003c/p>\n\u003cp>But before sheriff’s Deputy Menh Trieu arrived at the family home, Serrano-Garcia took her medication and had calmed down, according to her brother’s \u003ca href=\"https://soundcloud.com/kqed/yanira-serrano-garcia-911-call-audio-june-3-2014\" target=\"_blank\" rel=\"noopener\">statements to the dispatcher\u003c/a>.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.scribd.com/doc/239226401/San-Mateo-District-Attorney-2014-08-18-OIS-Letter-Sheriff-Munks\" target=\"_blank\" rel=\"noopener\">San Mateo DA’s review\u003c/a> of the shooting, when the deputy arrived, Serrano-Garcia burst off the porch and chased him with a kitchen knife. He fired a single shot into her torso, killing her.\u003c/p>\n\u003cp>“They not only killed Yanira, they killed the entire family,” Serrano-Garcia’s mother, Carmen Garcia, told reporters in Spanish, at a press conference announcing \u003ca href=\"http://ww2.kqed.org/news/2014/9/10/lawsuit-police-shooting-half-moon-bay/\" target=\"_blank\" rel=\"noopener\">a civil rights lawsuit\u003c/a> against San Mateo County and Trieu. “The goal is to prevent any other family from suffering this kind of pain.”\u003c/p>\n\u003cp>The DA review found the shooting was \u003ca href=\"http://www.sfgate.com/crime/article/DA-Police-shooting-near-Half-Moon-Bay-justified-5695981.php\" target=\"_blank\" rel=\"noopener\">legally justified.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>By The Numbers\u003c/strong>\u003c/p>\n\u003cp>Shootings like these have recently gained national attention. The fatal shooting in March of a man with a history of mental illness in Albuquerque, New Mexico, led to explosive street protests and preceded the U.S. Department of Justice’s \u003ca href=\"http://www.justice.gov/crt/about/spl/documents/apd_findings_4-10-14.pdf\" target=\"_blank\" rel=\"noopener\">findings\u003c/a> that the city’s police department was too quick to use force on mentally ill people.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-149036 size-full\" style=\"margin-right: 20px;margin-top: 16px\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CITcharts.png\" alt=\"CITcharts\" width=\"286\" height=\"484\">\u003c/p>\n\u003cp>A 2013 \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> by the Treatment Advocacy Center and National Sheriffs’ Association estimates half of the people shot and killed by police in the U.S. “have mental health problems,” and as many as one-third of officer-involved shootings are attempted “suicides-by-cop.”\u003c/p>\n\u003cp>According to a media review, this year in the Bay Area there have been at least seven fatal police shootings of people in psychiatric crisis.\u003c/p>\n\u003cp>Additionally, a KQED review of 51 San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent — or 11 people — of the 19 individuals killed by police had a mental illness that was a contributing factor in the incident.\u003c/p>\n\u003cp>There are common elements in many of these instances when a fragile situation turns life-threatening for a person in crisis: That person often has a weapon, police issue commands, the person becomes more agitated, police respond with force.\u003c/p>\n\u003cp>That very police response, however, is the subject of a civil rights lawsuit stemming from a non-fatal shooting by SFPD in 2008. The outcome of the case could expand the rights of the mentally ill in confrontations with police.\u003c/p>\n\u003cp>\u003cstrong>The Mission District Case\u003c/strong>\u003c/p>\n\u003cp>It seemed obvious from her behavior in August 2008 that Teresa Sheehan hadn’t been taking her medication. She had been wearing the same clothes for a week and had stopped eating, according to comments a social worker gave to police.\u003c/p>\n\u003cp>Sheehan’s own \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> says she had stopped showing up for house meetings at the Mission District co-op for people with mental illness, where she lived.\u003c/p>\n\u003cp>According to a \u003ca href=\"http://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\" rel=\"noopener\">report\u003c/a> to the city’s police commission, when the social worker entered Sheehan’s room one morning to check on her, she threatened to stab him.\u003c/p>\n\u003cp>The report says when police arrived, she threatened them, too. They withdrew into the hallway, and she locked herself in her room.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/169983711″ 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>Officers then prepared to re-enter her room by force, the report says. They drew their guns. They broke in her door. Sheehan had the knife over her head, and she began advancing toward them.\u003c/p>\n\u003cp>According to the police report, when Sheehan was about 3 feet away, Officer Katherine Holder shot her. Sgt. Kimberly Reynolds shot her. Sheehan then fell down, says the lawsuit, or she lunged, says the police report. Reynolds shot her again.\u003c/p>\n\u003cp>Sheehan survived and was charged with multiple counts of assault. A jury cleared her. She filed a federal civil rights suit alleging violations of the Constitution and the Americans with Disabilities Act.\u003c/p>\n\u003cp>Here’s the question before the court: If police know they are dealing with a person with mental illness, and they use confrontational tactics that can agitate the person, are they violating the Americans with Disabilities Act?\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\" rel=\"noopener\">ruled\u003c/a> that the ADA applies to police conduct when arresting people with mental illness. That ruling was appealed to the U.S. Supreme Court, which has not decided whether it will hear the case.\u003c/p>\n\u003cp>If the 9th Circuit’s ruling stands, it could require police departments to provide specialized training to officers in how to interact with people with mental illness, said Ben Nisenbaum, Sheehan’s attorney.\u003c/p>\n\u003cp>“You’ve got to be trained in how to deal with people who suffer mental disabilities,” he said. “It’s not something that’s kind of optional.”\u003c/p>\n\u003cp>The state of California doesn’t require police to have special training in responding to psychiatric crises. Even so, most large Bay Area police departments have adopted a model aimed at reducing fatalities and diverting people with mental illness away from the criminal justice system and into treatment. It’s called a \u003ca href=\"http://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_4_11_13/PUBLIC%20PROTECTION/Regular%20Calendar/Overview_CIT.pdf\" target=\"_blank\" rel=\"noopener\">Crisis Intervention Team\u003c/a>, or CIT.\u003c/p>\n\u003cp>\u003cstrong>Crisis Intervention Team\u003c/strong>\u003c/p>\n\u003cp>The Oakland Police Department hosts CIT training for all Alameda County law enforcement departments that have CIT programs.\u003c/p>\n\u003cp>At a training earlier this year, Oakland police Officer Doria Neff, the department’s CIT coordinator, didn’t waste time introducing the goals of the course to a room full of cops, deputies and probation officers.\u003c/p>\n\u003cfigure id=\"attachment_149041\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149041\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg\" alt=\"Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\" width=\"400\" height=\"333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-1028x855.jpg 1028w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“Am I going to ask you to become a social worker? Absolutely not — that’s not our role,” she said. “Do I ask that you open your eyes a little bit and be a little bit more empathetic to folks with mental health challenges? Yes.”\u003c/p>\n\u003cp>At the police academy, officers get six hours on people with disabilities. Neff told the class CIT training is like that, on steroids. For the rest of the week, officers got a crash course in psychological disorders, psychiatric medication, street drugs and de-escalation.\u003c/p>\n\u003cp>Officer Jeff Shannon, Berkeley Police Department’s CIT coordinator, teaches that part of the class.\u003c/p>\n\u003cp>“De-escalation is a cornerstone of the training,” he said, “because we know the vast majority of police interactions can be managed without the use of physical force.”\u003c/p>\n\u003cp>Shannon is also a licensed therapist who spent 15 years working with people in crisis in the community mental health system before becoming a police officer. He didn’t learn about CIT until after becoming an cop. He wrote the proposal for Berkeley to adopt the program, which they did in 2011 when Oakland hosted its first class.\u003c/p>\n\u003cp>“The way that we ask officers to calm people down is to be a calming force themselves,” Shannon said. “That starts with the tone and inflection of your voice and your nonverbal behavior.”\u003c/p>\n\u003cp>Officers in CIT class learn that nonverbal cues — like speaking in a soft voice, slowing down and resting a hand at one’s side instead of on one’s gun — are likely more important that what they’re saying. The reason has to do with the hierarchy of the human brain.\u003c/p>\n\u003cp>Berkeley clinical psychologist Mitch Radin teaches that, in a crisis, the more evolved, cognitive parts of the brain get overruled by the more primitive amygdala, which is responsible for emotional reactions.\u003c/p>\n\u003cp>“You can only hope for agreement, not understanding,” Radin said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.” \u003ccite>Mitch Radin, Berkeley psychologist \u003c/cite>\u003c/aside>\n\u003cp>Radin asked the class why police officers generally dislike responding to mental health calls. The answers varied: “They’re unpredictable.” “What’s the point? They’re going to be out before I finish the paperwork.” “The frustration is with the lack of resources to give them what they need.”\u003c/p>\n\u003cp>That last response rings true for Radin.\u003c/p>\n\u003cp>“The mental health system in America is distressing,” he said during a class break, and after a sigh of frustration. “I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.”\u003c/p>\n\u003cp>Few departments, if any, track how often officers respond to mental health crises. But, anecdotally, officers often report they respond to more 5150 calls every year. That’s shorthand for \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=05001-06000&file=5150-5155\" target=\"_blank\" rel=\"noopener\">California’s Welfare and Institutions Code 5150\u003c/a>, which allows peace officers and some mental health workers to take a person into custody who is a danger to themselves or others due to a mental illness.\u003c/p>\n\u003cp>Shannon says he has responded to hundreds of these calls.\u003c/p>\n\u003cp>“If I’m on a 10-hour patrol shift, there’s a good chance I’m going to place someone on a 5150 hold,” he said, “and sometimes it’s just call after call that seems to be someone in a psychiatric emergency.”\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/170354468″ 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>Crisis Intervention Training has been around since 1988, when it was developed in Memphis, Tennessee, after an officer-involved shooting of a man with mental illness.\u003c/p>\n\u003cp>The goal of the \u003ca href=\"http://cit.memphis.edu/pdf/CoreElements.pdf\" target=\"_blank\" rel=\"noopener\">Memphis Model\u003c/a> is to establish a specialized unit of officers with in-depth training in mental illness and in tactics more likely to resolve incidents without injury. CIT also aims to strengthen relationships between police and mental health providers so officers can more easily take people in for treatment instead of to jail.\u003c/p>\n\u003cp>It’s not new, but departments in the Bay Area are just beginning to implement it.\u003c/p>\n\u003cp>\u003cstrong>Slow Uptake at the SFPD\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department adopted the Memphis Model of CIT in 2011, after three years in a row in which every person killed in a police shooting had a mental illness.\u003c/p>\n\u003cp>But it’s clear implementing the program hasn’t been fast or easy.\u003c/p>\n\u003cp>Three and a half years into the program, the department has trained about 18 percent of its patrol officers. Ideally, somewhere between 20 and 25 percent of officers are trained, with the goal of at least one trained officer at each station for each shift.\u003c/p>\n\u003cfigure id=\"attachment_149048\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-149048\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg\" alt=\"SFPD Officer Elizabeth Prillinger is one of the officers who has gone through the training. (Rachael Bale/KQED)\" width=\"640\" height=\"628\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-1028x1009.jpg 1028w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-32x32.jpg 32w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-64x64.jpg 64w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-75x75.jpg 75w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">SFPD Officer Elizabeth Prillinger is one of the San Francisco officers who has gone through CIT training. (Rachael Bale/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Finding the right officers for the training hasn’t been easy, and that’s true anywhere, said Major Sam Cochran, who founded CIT while at the Memphis Police Department.\u003c/p>\n\u003cp>“There are some officers that are not ready to be CIT officers,” said Cochran, who is now at the University of Memphis. “They don’t have the experience. Some officers don’t have the maturity level.”\u003c/p>\n\u003cp>In some cities, like Berkeley, the program is so valued that officers must compete to get in. But as it launched in San Francisco, few officers volunteered, and station chiefs simply had to choose who got sent to training. Cochran says it’s the the role of a police chief to elevate the status of the team so officers want to be a part of it.\u003c/p>\n\u003cp>“That chief needs to make sure that those men and women understand that they have an identity and that they have a role,” Cochran said.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/170355922″ 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>Cochran’s model calls for CIT to be a specially trained and cohesive team within the department. In an interview with KQED, San Francisco Police Chief Greg Suhr said he’d prefer it not to be a separate team.\u003c/p>\n\u003cp>“Police officers by nature find niches,” Suhr said. “I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.”\u003c/p>\n\u003cp>That’s how SFPD Commander Richard Corriea once felt. He’s the third person to lead SFPD’s Crisis Intervention Team in three years.\u003c/p>\n\u003cp>“I’m a convert on the issue of team,” he said. “I think it inspires officers who are engaged in this. They have a special skill. It makes them feel part of something. And the outcome is better and better service.”\u003c/p>\n\u003cp>A team creates a feedback loop, said Angela Chan, a former police commissioner who spearheaded the program. The unit is supposed to learn from each response. It allows officers perfect their skills, share information with other CIT officers and establish strong relationships with mental health providers.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.” \u003ccite>Greg Suhr, S.F. Police Chief \u003c/cite>\u003c/aside>\n\u003cp>But in the beginning that didn’t happen much, say mental health advocates — not when the role of the team wasn’t fully supported inside the department, and so few officers were trained. Added to that, there was also no official way to dispatch CIT officers to a scene.\u003c/p>\n\u003cp>While the Police Commission resolution called for 911 operator training and CIT dispatch protocols, getting that to happen wasn’t easy.\u003c/p>\n\u003cp>San Francisco operators at 911 are under the Department of Emergency Management, not SFPD, and DEM’s policy is not to make changes to how it dispatches SFPD officers until it gets a directive from the police department itself.\u003c/p>\n\u003cp>“What they’ve explained all along is that they follow the direction of the San Francisco Police Department, and so whenever SFPD is ready, they’re ready,” said Chan.\u003c/p>\n\u003cp>SFPD wasn’t ready for more than three years. In late April 2014, Suhr issued the directive. Now, 911 operators are trained to recognize CIT-appropriate calls and to issue certain radio codes to send a CIT officer to the scene.\u003c/p>\n\u003cp>It’s hard to know whether CIT is helping reduce violent encounters between police and people with mental illness. Data collection — also mandated by the resolution — has taken a back seat as the department worked to catch up on training officers and creating a dispatch policy, which it has done under Corriea’s leadership.\u003c/p>\n\u003cp>Studies from elsewhere indicate CIT shows promise in reducing fatal incidents. One 2008 study published in the journal Psychology Services found CIT officers were less likely to use force, even when facing a threat of violence.\u003c/p>\n\u003cp>An Internal Affairs review shows that in the first three years of the program, three of the seven people killed in San Francisco police shootings had a mental illness. That’s about the national average, which includes departments with and without CIT.\u003c/p>\n\u003cp>Several years down the road, SFPD has now trained a corps of officers and organized dispatch. Corriea is planning the next step: how to get people into services instead of taking them to jail.\u003c/p>\n\u003cp>Still, there are likely numerous Bay Area jurisdictions without CIT. There aren’t numbers for California, but nationwide only about 15 percent of law enforcement agencies have CIT programs. That leaves thousands of people with mental illness in the Bay Area subject to the actions of police who aren’t trained to help them.\u003c/p>\n\u003cp>Part of the information present below comes from this \u003ca href=\"https://www.scribd.com/doc/242229894/San-Francisco-Police-Department-Officer-Involved-Shootings-Summary-2000-2014\" target=\"_blank\" rel=\"noopener\">SFPD Officer-Involved Shooting Memo.\u003c/a>\u003c/p>\n\u003ch1 id=\"data\">\u003c/h1>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[http_redir]\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"http://projects1.kqed.org/daily/cit/cit.html\" width=\"640\" height=\"1500\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"title": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/170360914&color=ff5500&inverse=false&auto_play=false&show_user=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Often it starts with a call for help. A family member, a caretaker or even a stranger dials 911 seeking paramedics to treat someone in a psychiatric crisis. But when there’s a threat of violence, the first responders are usually police, and what started as a call for help can quickly turn deadly for a person with a treatable illness.\u003c/p>\n\u003cp>That’s what happened when Christine Goias called 911 seeking help for her son, 34-year-old Errol Chang, who was in the midst of a schizophrenic breakdown at his father’s Pacifica home in March.\u003c/p>\n\u003cp>“He has paranoia and he’s thinking people are wanting to assassinate him, and now he doesn’t trust anyone,” Goias \u003ca href=\"http://www.mercurynews.com/News/ci_25883634/San-Mateo-County-DA:-Officers-justified\" target=\"_blank\" rel=\"noopener\">told the dispatcher\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">A KQED review of San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent of people killed by police had a mental illness that was a contributing factor in the incident.\u003c/aside>\n\u003cp>She said her son wouldn’t go with them in the car and, in response to a question, said that he had a “little ax” in his pocket. “I hoped that they would be able to come and help us to take him to the hospital,” Goias said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Errol’s brother, Matt Chang, said that when police arrived he was with Errol in the backyard, trying to calm him down. Responding officers from Pacifica were trained in crisis intervention, according to San Mateo District Attorney Steve Wagstaffe’s \u003ca href=\"http://www.scribd.com/doc/241406747/San-Mateo-DA-Review-of-Errol-Chang-Shooting-5-30-2014\" target=\"_blank\" rel=\"noopener\">review of the incident\u003c/a>.\u003c/p>\n\u003cp>Matt Chang said police told his brother they were there to help, and his brother responded that he didn’t want their help.\u003c/p>\n\u003cp>A series of escalations led Chang to barricade himself inside the house. The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_25378394/pacifica-man-shot-by-police-hours-after-release\" target=\"_blank\" rel=\"noopener\">Daly City SWAT team arrived\u003c/a> with assault rifles and an armored car.\u003c/p>\n\u003cp>According to the DA review, police were worried Chang might find a .22-caliber rifle and ammunition hidden separately in the house. The SWAT team held their assault rifles trained on the house and took cover behind the armored car.\u003c/p>\n\u003caside class=\"left\">\n\u003ch3>\u003ca href=\"#data\">Search database of police killings\u003c/a>\u003c/h3>\n\u003cp>\u003ca href=\"#data\">\u003cimg decoding=\"async\" src=\"http://u.s.kqed.net/2014/09/30/ScreenShot20140930at9.png\" alt=\"\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Over a loudspeaker, \u003ca href=\"https://www.youtube.com/watch?v=0sEWGwXHMh0\" target=\"_blank\" rel=\"noopener\">an officer droned a repeated message\u003c/a> for Chang to come outside. No response. Police threw flash-bang grenades into the house trying to scare Chang outside and, at one point, threw a phone through the window, but Chang didn’t answer it.\u003c/p>\n\u003cp>“People with schizophrenia, they’re afraid people are trying to hurt them, which is why my brother was armed,” Matt Chang said. “They need to feel safe. Holding 20 AR-15s at this person, with a tank and all the stuff, and then throwing flash grenades, it doesn’t make them feel safe.”\u003c/p>\n\u003cp>More than six hours after Goias called 911, Daly City SWAT officers breached the house. Chang had built a barricade in the hallway. Two officers climbed over a mattress and furniture and ran into Chang, who was now holding a knife and stabbed an officer in the arm.\u003c/p>\n\u003cp>The SWAT officers shot Chang eight times in the chest, killing him.\u003c/p>\n\u003cp>The DA review found the shooting was legally justified, and commended the two officers involved in the shooting for their attempts to avoid that outcome.\u003c/p>\n\u003cp>\u003cstrong>And, Again\u003c/strong>\u003c/p>\n\u003cp>Less than three months after Errol Chang was killed, 18-year-old Yanira Serrano-Garcia was shot and killed by a San Mateo sheriff’s deputy in Half Moon Bay, 14 miles south of Pacifica.\u003c/p>\n\u003cfigure id=\"attachment_149035\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149035 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg\" alt=\"Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\" width=\"640\" height=\"435\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-1028x699.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Serrano-Garcia’s brother called seeking medical help. His sister was refusing to take medication prescribed for schizophrenia and was arguing with her parents.\u003c/p>\n\u003cp>But before sheriff’s Deputy Menh Trieu arrived at the family home, Serrano-Garcia took her medication and had calmed down, according to her brother’s \u003ca href=\"https://soundcloud.com/kqed/yanira-serrano-garcia-911-call-audio-june-3-2014\" target=\"_blank\" rel=\"noopener\">statements to the dispatcher\u003c/a>.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.scribd.com/doc/239226401/San-Mateo-District-Attorney-2014-08-18-OIS-Letter-Sheriff-Munks\" target=\"_blank\" rel=\"noopener\">San Mateo DA’s review\u003c/a> of the shooting, when the deputy arrived, Serrano-Garcia burst off the porch and chased him with a kitchen knife. He fired a single shot into her torso, killing her.\u003c/p>\n\u003cp>“They not only killed Yanira, they killed the entire family,” Serrano-Garcia’s mother, Carmen Garcia, told reporters in Spanish, at a press conference announcing \u003ca href=\"http://ww2.kqed.org/news/2014/9/10/lawsuit-police-shooting-half-moon-bay/\" target=\"_blank\" rel=\"noopener\">a civil rights lawsuit\u003c/a> against San Mateo County and Trieu. “The goal is to prevent any other family from suffering this kind of pain.”\u003c/p>\n\u003cp>The DA review found the shooting was \u003ca href=\"http://www.sfgate.com/crime/article/DA-Police-shooting-near-Half-Moon-Bay-justified-5695981.php\" target=\"_blank\" rel=\"noopener\">legally justified.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>By The Numbers\u003c/strong>\u003c/p>\n\u003cp>Shootings like these have recently gained national attention. The fatal shooting in March of a man with a history of mental illness in Albuquerque, New Mexico, led to explosive street protests and preceded the U.S. Department of Justice’s \u003ca href=\"http://www.justice.gov/crt/about/spl/documents/apd_findings_4-10-14.pdf\" target=\"_blank\" rel=\"noopener\">findings\u003c/a> that the city’s police department was too quick to use force on mentally ill people.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-149036 size-full\" style=\"margin-right: 20px;margin-top: 16px\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CITcharts.png\" alt=\"CITcharts\" width=\"286\" height=\"484\">\u003c/p>\n\u003cp>A 2013 \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> by the Treatment Advocacy Center and National Sheriffs’ Association estimates half of the people shot and killed by police in the U.S. “have mental health problems,” and as many as one-third of officer-involved shootings are attempted “suicides-by-cop.”\u003c/p>\n\u003cp>According to a media review, this year in the Bay Area there have been at least seven fatal police shootings of people in psychiatric crisis.\u003c/p>\n\u003cp>Additionally, a KQED review of 51 San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent — or 11 people — of the 19 individuals killed by police had a mental illness that was a contributing factor in the incident.\u003c/p>\n\u003cp>There are common elements in many of these instances when a fragile situation turns life-threatening for a person in crisis: That person often has a weapon, police issue commands, the person becomes more agitated, police respond with force.\u003c/p>\n\u003cp>That very police response, however, is the subject of a civil rights lawsuit stemming from a non-fatal shooting by SFPD in 2008. The outcome of the case could expand the rights of the mentally ill in confrontations with police.\u003c/p>\n\u003cp>\u003cstrong>The Mission District Case\u003c/strong>\u003c/p>\n\u003cp>It seemed obvious from her behavior in August 2008 that Teresa Sheehan hadn’t been taking her medication. She had been wearing the same clothes for a week and had stopped eating, according to comments a social worker gave to police.\u003c/p>\n\u003cp>Sheehan’s own \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> says she had stopped showing up for house meetings at the Mission District co-op for people with mental illness, where she lived.\u003c/p>\n\u003cp>According to a \u003ca href=\"http://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\" rel=\"noopener\">report\u003c/a> to the city’s police commission, when the social worker entered Sheehan’s room one morning to check on her, she threatened to stab him.\u003c/p>\n\u003cp>The report says when police arrived, she threatened them, too. They withdrew into the hallway, and she locked herself in her room.\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/169983711″&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/169983711″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Officers then prepared to re-enter her room by force, the report says. They drew their guns. They broke in her door. Sheehan had the knife over her head, and she began advancing toward them.\u003c/p>\n\u003cp>According to the police report, when Sheehan was about 3 feet away, Officer Katherine Holder shot her. Sgt. Kimberly Reynolds shot her. Sheehan then fell down, says the lawsuit, or she lunged, says the police report. Reynolds shot her again.\u003c/p>\n\u003cp>Sheehan survived and was charged with multiple counts of assault. A jury cleared her. She filed a federal civil rights suit alleging violations of the Constitution and the Americans with Disabilities Act.\u003c/p>\n\u003cp>Here’s the question before the court: If police know they are dealing with a person with mental illness, and they use confrontational tactics that can agitate the person, are they violating the Americans with Disabilities Act?\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\" rel=\"noopener\">ruled\u003c/a> that the ADA applies to police conduct when arresting people with mental illness. That ruling was appealed to the U.S. Supreme Court, which has not decided whether it will hear the case.\u003c/p>\n\u003cp>If the 9th Circuit’s ruling stands, it could require police departments to provide specialized training to officers in how to interact with people with mental illness, said Ben Nisenbaum, Sheehan’s attorney.\u003c/p>\n\u003cp>“You’ve got to be trained in how to deal with people who suffer mental disabilities,” he said. “It’s not something that’s kind of optional.”\u003c/p>\n\u003cp>The state of California doesn’t require police to have special training in responding to psychiatric crises. Even so, most large Bay Area police departments have adopted a model aimed at reducing fatalities and diverting people with mental illness away from the criminal justice system and into treatment. It’s called a \u003ca href=\"http://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_4_11_13/PUBLIC%20PROTECTION/Regular%20Calendar/Overview_CIT.pdf\" target=\"_blank\" rel=\"noopener\">Crisis Intervention Team\u003c/a>, or CIT.\u003c/p>\n\u003cp>\u003cstrong>Crisis Intervention Team\u003c/strong>\u003c/p>\n\u003cp>The Oakland Police Department hosts CIT training for all Alameda County law enforcement departments that have CIT programs.\u003c/p>\n\u003cp>At a training earlier this year, Oakland police Officer Doria Neff, the department’s CIT coordinator, didn’t waste time introducing the goals of the course to a room full of cops, deputies and probation officers.\u003c/p>\n\u003cfigure id=\"attachment_149041\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149041\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg\" alt=\"Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\" width=\"400\" height=\"333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-1028x855.jpg 1028w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“Am I going to ask you to become a social worker? Absolutely not — that’s not our role,” she said. “Do I ask that you open your eyes a little bit and be a little bit more empathetic to folks with mental health challenges? Yes.”\u003c/p>\n\u003cp>At the police academy, officers get six hours on people with disabilities. Neff told the class CIT training is like that, on steroids. For the rest of the week, officers got a crash course in psychological disorders, psychiatric medication, street drugs and de-escalation.\u003c/p>\n\u003cp>Officer Jeff Shannon, Berkeley Police Department’s CIT coordinator, teaches that part of the class.\u003c/p>\n\u003cp>“De-escalation is a cornerstone of the training,” he said, “because we know the vast majority of police interactions can be managed without the use of physical force.”\u003c/p>\n\u003cp>Shannon is also a licensed therapist who spent 15 years working with people in crisis in the community mental health system before becoming a police officer. He didn’t learn about CIT until after becoming an cop. He wrote the proposal for Berkeley to adopt the program, which they did in 2011 when Oakland hosted its first class.\u003c/p>\n\u003cp>“The way that we ask officers to calm people down is to be a calming force themselves,” Shannon said. “That starts with the tone and inflection of your voice and your nonverbal behavior.”\u003c/p>\n\u003cp>Officers in CIT class learn that nonverbal cues — like speaking in a soft voice, slowing down and resting a hand at one’s side instead of on one’s gun — are likely more important that what they’re saying. The reason has to do with the hierarchy of the human brain.\u003c/p>\n\u003cp>Berkeley clinical psychologist Mitch Radin teaches that, in a crisis, the more evolved, cognitive parts of the brain get overruled by the more primitive amygdala, which is responsible for emotional reactions.\u003c/p>\n\u003cp>“You can only hope for agreement, not understanding,” Radin said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.” \u003ccite>Mitch Radin, Berkeley psychologist \u003c/cite>\u003c/aside>\n\u003cp>Radin asked the class why police officers generally dislike responding to mental health calls. The answers varied: “They’re unpredictable.” “What’s the point? They’re going to be out before I finish the paperwork.” “The frustration is with the lack of resources to give them what they need.”\u003c/p>\n\u003cp>That last response rings true for Radin.\u003c/p>\n\u003cp>“The mental health system in America is distressing,” he said during a class break, and after a sigh of frustration. “I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.”\u003c/p>\n\u003cp>Few departments, if any, track how often officers respond to mental health crises. But, anecdotally, officers often report they respond to more 5150 calls every year. That’s shorthand for \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=05001-06000&file=5150-5155\" target=\"_blank\" rel=\"noopener\">California’s Welfare and Institutions Code 5150\u003c/a>, which allows peace officers and some mental health workers to take a person into custody who is a danger to themselves or others due to a mental illness.\u003c/p>\n\u003cp>Shannon says he has responded to hundreds of these calls.\u003c/p>\n\u003cp>“If I’m on a 10-hour patrol shift, there’s a good chance I’m going to place someone on a 5150 hold,” he said, “and sometimes it’s just call after call that seems to be someone in a psychiatric emergency.”\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/170354468″&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/170354468″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Crisis Intervention Training has been around since 1988, when it was developed in Memphis, Tennessee, after an officer-involved shooting of a man with mental illness.\u003c/p>\n\u003cp>The goal of the \u003ca href=\"http://cit.memphis.edu/pdf/CoreElements.pdf\" target=\"_blank\" rel=\"noopener\">Memphis Model\u003c/a> is to establish a specialized unit of officers with in-depth training in mental illness and in tactics more likely to resolve incidents without injury. CIT also aims to strengthen relationships between police and mental health providers so officers can more easily take people in for treatment instead of to jail.\u003c/p>\n\u003cp>It’s not new, but departments in the Bay Area are just beginning to implement it.\u003c/p>\n\u003cp>\u003cstrong>Slow Uptake at the SFPD\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department adopted the Memphis Model of CIT in 2011, after three years in a row in which every person killed in a police shooting had a mental illness.\u003c/p>\n\u003cp>But it’s clear implementing the program hasn’t been fast or easy.\u003c/p>\n\u003cp>Three and a half years into the program, the department has trained about 18 percent of its patrol officers. Ideally, somewhere between 20 and 25 percent of officers are trained, with the goal of at least one trained officer at each station for each shift.\u003c/p>\n\u003cfigure id=\"attachment_149048\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-149048\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg\" alt=\"SFPD Officer Elizabeth Prillinger is one of the officers who has gone through the training. (Rachael Bale/KQED)\" width=\"640\" height=\"628\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-1028x1009.jpg 1028w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-32x32.jpg 32w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-64x64.jpg 64w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-75x75.jpg 75w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">SFPD Officer Elizabeth Prillinger is one of the San Francisco officers who has gone through CIT training. (Rachael Bale/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Finding the right officers for the training hasn’t been easy, and that’s true anywhere, said Major Sam Cochran, who founded CIT while at the Memphis Police Department.\u003c/p>\n\u003cp>“There are some officers that are not ready to be CIT officers,” said Cochran, who is now at the University of Memphis. “They don’t have the experience. Some officers don’t have the maturity level.”\u003c/p>\n\u003cp>In some cities, like Berkeley, the program is so valued that officers must compete to get in. But as it launched in San Francisco, few officers volunteered, and station chiefs simply had to choose who got sent to training. Cochran says it’s the the role of a police chief to elevate the status of the team so officers want to be a part of it.\u003c/p>\n\u003cp>“That chief needs to make sure that those men and women understand that they have an identity and that they have a role,” Cochran said.\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/170355922″&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/170355922″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Cochran’s model calls for CIT to be a specially trained and cohesive team within the department. In an interview with KQED, San Francisco Police Chief Greg Suhr said he’d prefer it not to be a separate team.\u003c/p>\n\u003cp>“Police officers by nature find niches,” Suhr said. “I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.”\u003c/p>\n\u003cp>That’s how SFPD Commander Richard Corriea once felt. He’s the third person to lead SFPD’s Crisis Intervention Team in three years.\u003c/p>\n\u003cp>“I’m a convert on the issue of team,” he said. “I think it inspires officers who are engaged in this. They have a special skill. It makes them feel part of something. And the outcome is better and better service.”\u003c/p>\n\u003cp>A team creates a feedback loop, said Angela Chan, a former police commissioner who spearheaded the program. The unit is supposed to learn from each response. It allows officers perfect their skills, share information with other CIT officers and establish strong relationships with mental health providers.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.” \u003ccite>Greg Suhr, S.F. Police Chief \u003c/cite>\u003c/aside>\n\u003cp>But in the beginning that didn’t happen much, say mental health advocates — not when the role of the team wasn’t fully supported inside the department, and so few officers were trained. Added to that, there was also no official way to dispatch CIT officers to a scene.\u003c/p>\n\u003cp>While the Police Commission resolution called for 911 operator training and CIT dispatch protocols, getting that to happen wasn’t easy.\u003c/p>\n\u003cp>San Francisco operators at 911 are under the Department of Emergency Management, not SFPD, and DEM’s policy is not to make changes to how it dispatches SFPD officers until it gets a directive from the police department itself.\u003c/p>\n\u003cp>“What they’ve explained all along is that they follow the direction of the San Francisco Police Department, and so whenever SFPD is ready, they’re ready,” said Chan.\u003c/p>\n\u003cp>SFPD wasn’t ready for more than three years. In late April 2014, Suhr issued the directive. Now, 911 operators are trained to recognize CIT-appropriate calls and to issue certain radio codes to send a CIT officer to the scene.\u003c/p>\n\u003cp>It’s hard to know whether CIT is helping reduce violent encounters between police and people with mental illness. Data collection — also mandated by the resolution — has taken a back seat as the department worked to catch up on training officers and creating a dispatch policy, which it has done under Corriea’s leadership.\u003c/p>\n\u003cp>Studies from elsewhere indicate CIT shows promise in reducing fatal incidents. One 2008 study published in the journal Psychology Services found CIT officers were less likely to use force, even when facing a threat of violence.\u003c/p>\n\u003cp>An Internal Affairs review shows that in the first three years of the program, three of the seven people killed in San Francisco police shootings had a mental illness. That’s about the national average, which includes departments with and without CIT.\u003c/p>\n\u003cp>Several years down the road, SFPD has now trained a corps of officers and organized dispatch. Corriea is planning the next step: how to get people into services instead of taking them to jail.\u003c/p>\n\u003cp>Still, there are likely numerous Bay Area jurisdictions without CIT. There aren’t numbers for California, but nationwide only about 15 percent of law enforcement agencies have CIT programs. That leaves thousands of people with mental illness in the Bay Area subject to the actions of police who aren’t trained to help them.\u003c/p>\n\u003cp>Part of the information present below comes from this \u003ca href=\"https://www.scribd.com/doc/242229894/San-Francisco-Police-Department-Officer-Involved-Shootings-Summary-2000-2014\" target=\"_blank\" rel=\"noopener\">SFPD Officer-Involved Shooting Memo.\u003c/a>\u003c/p>\n\u003ch1 id=\"data\">\u003c/h1>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Judge Rules for Public Access to Martins Beach, Doesn't Fine Owner",
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"content": "\u003cfigure id=\"attachment_148562\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg\">\u003cimg class=\"size-medium wp-image-148562\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg\" alt=\"Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED)\" width=\"640\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-1028x578.jpg 1028w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg 1280w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED) \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A San Mateo County Superior Court judge ruled today in favor of the Surfrider Foundation, the plaintiff in the protracted legal fight over access to Martins Beach, just south of Half Moon Bay.\u003c/p>\n\u003cp>Judge Barbara Mallach ruled that development companies representing Silicon Valley billionaire Vinod Khosla have been violating the California Coastal Act by closing the gate on public access to the beach.\u003c/p>\n\u003cp>\u003cspan style=\"color: #4d4d4d\">Martins Beach has been a a popular surfing spot and hangout for decades. Venture capitalist Khosla bought the beach property, including the road, in 2008 and closed it to the public. He reportedly intends to build a residence on the land, which is now occupied by about 45 beach cottages.\u003c/span>\u003c/p>\n\u003cp>[contextly_sidebar id=\"HZlTWYy12AGVrXipuTgGdDktnTkCA8H6\"]\u003c/p>\n\u003cp>The Surfrider Foundation sued Martins Beach LLC, claiming owner Khosla needed a coastal development permit, which was never sought.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This confirms what the county and the Coastal Commission and the public have long believed, that public access to the California coast is a right that belongs to the people,\" said the plaintiff's attorney, Eric Buescher. \"It cannot be unilaterally blocked by a property owner without asking for permission to do so.\"\u003c/p>\n\u003cp>Mallach ruled Khosla engaged in unpermitted development and must seek a permit from the Coastal Commission, which is required to block access and change, add or remove signs adjacent to Martins Beach Road.\u003c/p>\n\u003cp>The judge also found Khosla acted on \"a good-faith belief\" that a permit was not required, so she imposed no fines.\u003c/p>\n\u003cp>The development companies representing Khosla are considering appealing the ruling, according to a statement released late Wednesday.\u003c/p>\n\u003cp>\"We will continue to seek protection of the constitutional rights of private property owners that are guaranteed by the U.S. and California constitutions and that have long been upheld by the United States and California Supreme Courts.\"\u003c/p>\n\u003cp>Meanwhile, surfers announced a celebration at the beach Thursday morning, beginning at 9 a.m.\u003c/p>\n\u003cp>Read the ruling below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_9914\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/240879548/content?start_page=1&view_mode=scroll&access_key=key-25VEYpFGgkXQePwt3FPA&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_148562\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg\">\u003cimg class=\"size-medium wp-image-148562\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg\" alt=\"Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED)\" width=\"640\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-1028x578.jpg 1028w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg 1280w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED) \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A San Mateo County Superior Court judge ruled today in favor of the Surfrider Foundation, the plaintiff in the protracted legal fight over access to Martins Beach, just south of Half Moon Bay.\u003c/p>\n\u003cp>Judge Barbara Mallach ruled that development companies representing Silicon Valley billionaire Vinod Khosla have been violating the California Coastal Act by closing the gate on public access to the beach.\u003c/p>\n\u003cp>\u003cspan style=\"color: #4d4d4d\">Martins Beach has been a a popular surfing spot and hangout for decades. Venture capitalist Khosla bought the beach property, including the road, in 2008 and closed it to the public. He reportedly intends to build a residence on the land, which is now occupied by about 45 beach cottages.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Surfrider Foundation sued Martins Beach LLC, claiming owner Khosla needed a coastal development permit, which was never sought.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This confirms what the county and the Coastal Commission and the public have long believed, that public access to the California coast is a right that belongs to the people,\" said the plaintiff's attorney, Eric Buescher. \"It cannot be unilaterally blocked by a property owner without asking for permission to do so.\"\u003c/p>\n\u003cp>Mallach ruled Khosla engaged in unpermitted development and must seek a permit from the Coastal Commission, which is required to block access and change, add or remove signs adjacent to Martins Beach Road.\u003c/p>\n\u003cp>The judge also found Khosla acted on \"a good-faith belief\" that a permit was not required, so she imposed no fines.\u003c/p>\n\u003cp>The development companies representing Khosla are considering appealing the ruling, according to a statement released late Wednesday.\u003c/p>\n\u003cp>\"We will continue to seek protection of the constitutional rights of private property owners that are guaranteed by the U.S. and California constitutions and that have long been upheld by the United States and California Supreme Courts.\"\u003c/p>\n\u003cp>Meanwhile, surfers announced a celebration at the beach Thursday morning, beginning at 9 a.m.\u003c/p>\n\u003cp>Read the ruling below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_9914\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/240879548/content?start_page=1&view_mode=scroll&access_key=key-25VEYpFGgkXQePwt3FPA&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "L.A. County Plans Huge Database of Biometric Data -- Without Public Notice",
"title": "L.A. County Plans Huge Database of Biometric Data -- Without Public Notice",
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"content": "\u003cp>\u003cstrong>By Ali Winston\u003c/strong>\u003cbr>\n\u003cstrong> The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_148537\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-148537\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric2-640x360.jpg\" alt=\"Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\u003c/figcaption>\u003c/figure>\n\u003cp>Without notice to the public, Los Angeles County law enforcement officials are preparing to widen what personal information they collect from on people they encounter by building a massive database of iris scans, fingerprints, mug shots, palm prints and, potentially, voice recordings.\u003c/p>\n\u003cp>The new database of personal information, dubbed a multimodal biometric identification system, would augment the county's existing database of fingerprint records and create the largest law enforcement repository outside of the FBI of so-called next-generation biometric identification, according to county sheriff’s department documents.\u003c/p>\n\u003cp>On Sept. 15, the FBI announced that the Next Generation Identification System was fully operational. Now that the central infrastructure is in place, the next phase is for local jurisdictions across the country to update their own information-gathering systems to the FBI's standards.\u003c/p>\n\u003cp>When the system is up and running in L.A., any law enforcement official working in the county, including the Los Angeles Police Department, would collect biometric information on people who are booked into county jails or by using mobile devices in the field.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This would occur even when people are stopped for lesser offenses or pulled over for minor traffic violations, according to documents obtained by The Center for Investigative Reporting through a public records request.\u003c/p>\n\u003cp>Officials with the sheriff’s department, which operates the countywide system, said the biometric information would be retained indefinitely – regardless of whether the person in question is convicted of the crime for which he or she was arrested.\u003c/p>\n\u003cp>The system is expected to be fully operational in two or three years, according to the sheriff’s department.\u003c/p>\n\u003cfigure id=\"attachment_148535\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003cimg class=\"size-medium wp-image-148535\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric1-640x360.jpg\" alt=\"A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\" width=\"320\" height=\"180\">\u003cfigcaption class=\"wp-caption-text\">A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\u003c/figcaption>\u003c/figure>\n\u003cp>All of this is happening without hearings or public input, yet technology companies already are bidding to build the system, interviews and documents show. Officials would not disclose the expected cost of the project or which companies are bidding but said it would be a multimillion-dollar undertaking.\u003c/p>\n\u003cp>The new system is being readied as the public has become increasingly concerned about privacy invasions by the government, corporations and Internet sources. Privacy advocates worry the public is losing any sense of control over the widespread collection of data on its purchases, travel habits, friendships, health, business transactions and personal communications.\u003c/p>\n\u003cp>At the same time, cities and counties across the country are facing renewed scrutiny for accepting the transfer of military technology from the Pentagon. The national biometric database is part of the transition of military-grade technologies and information-gathering strategies from the Pentagon to civilian law enforcement. During the wars in Afghanistan and Iraq over the past decade, the U.S. military collected and stored biometric information on millions of civilians and militants.\u003c/p>\n\u003cp>In 2008, President George W. Bush required the Defense, Homeland Security and Justice departments to establish common standards for collecting and sharing biometric information like iris scans and photos optimized for facial recognition. Law enforcement agencies have been testing mobile systems for documenting biometric information, including a facial recognition program uncovered in San Diego County last fall.\u003c/p>\n\u003cp>Authorities in California already collect DNA swabs from arrestees booked into county jails, a practice upheld last year by the U.S. Supreme Court and this year by a federal appeals court in California. Dozens of other states also collect DNA samples from arrestees.\u003c/p>\n\u003cp>Documents from the Los Angeles County Sheriff’s Department show its database will house information on up to 15 million subjects, giving the department a major stake in the Next Generation Identification program, a billion-dollar update to the FBI’s national fingerprint database and the largest information technology project in the history of the U.S. Department of Justice.\u003c/p>\n\u003cp>For privacy advocates, the development of the Los Angeles biometric system without any public oversight or debate and an indefinite data retention policy are causes for concern.\u003c/p>\n\u003cp>Jeramie Scott, national security counsel for the Electronic Privacy Information Center, said it’s critical for the public to be aware that this new technology is being rolled out, because the information held by law enforcement poses unique threats to privacy and anonymity.\u003c/p>\n\u003cp>“Biometric data is something you cannot change if it is compromised,” Scott said. “There are privacy and civil liberties implications that come from law enforcement having multiple ways to identify someone without their consent.”\u003c/p>\n\u003cp>Scott, whose organization has sued the FBI to release information related to Next General Identification, added: “It becomes a one-sided debate when law enforcement alone is making that decision to use new technologies on the public.”\u003c/p>\n\u003cp>Hamid Khan, an organizer with the Stop LAPD Spying Coalition who studies police surveillance, said the arrival of Next Generation Identification means Los Angeles is now a frontier in the battle for privacy.\u003c/p>\n\u003cp>“Now our whole bodies are up for grabs,” Khan said.\u003c/p>\n\u003cp>The multimodal biometric system under development by the sheriff’s department will collect four out of the five “inputs” used by the Next Generation Identification program – fingerprints, mug shots, iris scans and palm prints. Voice recordings are the fifth input.\u003c/p>\n\u003cp>The L.A. system is designed to transmit and receive data to and from the FBI and the California Department of Justice, which has its own biometric database.\u003c/p>\n\u003cp>Originally announced in 2008, Next Generation Identification is being rolled out across the country this year after pilot projects were carried out in Michigan, Maryland, Texas, Maine and New Mexico. About 17 million facial records already were integrated into Next Generation Identification as of January.\u003c/p>\n\u003cp>Earlier this year, residents and city officials in Compton were outraged that Los Angeles County sheriff’s officials had experimented with a cutting-edge aerial surveillance tool known as wide-area surveillance without any prior public notice.\u003c/p>\n\u003cp>“A lot of people do have a problem with the eye in the sky, the Big Brother, so in order to mitigate any of those kinds of complaints, we basically kept it pretty hush-hush,” sheriff’s Sgt. Douglas Iketani told CIR earlier this year.\u003c/p>\n\u003cp>Sheriff’s Lt. Joshua Thai, who is in charge of implementing the county’s new biometric database, said the department currently is collecting only fingerprints and has used mobile devices since 2006 to check the fingerprints of people stopped on the street against the county’s records.\u003c/p>\n\u003cp>Thai said biometric information would be collected from people only when they are arrested and booked, but the mobile devices would be used to verify individuals’ identities in the field.\u003c/p>\n\u003cp>“It could be somebody gets pulled over for a traffic violation and he or she does not have a driver’s license on him or her, and the officer is just trying to identify this person,” he said.\u003c/p>\n\u003cp>Thai said the goal of the project is to help law enforcement officers better identify the people they contact and avoid wrongful arrests.\u003c/p>\n\u003cp> “What we’re hoping is that based on the mug shot is that that will compensate some of the biometrics to maybe better identify this person,” Thai said.\u003c/p>\n\u003cp>The sheriff’s department declined to release information on which companies were already bidding to install the new system.\u003c/p>\n\u003cp>According to federal guidelines for the storage of biometric data in Next Generation Identification, information on an individual with a criminal record will be kept until that person is 99 years old. Information on a person without a criminal record will be purged when he or she turns 75.\u003c/p>\n\u003cp>The FBI's guidelines for keeping biometric data on individuals, regardless of whether they have criminal records, “amounts to an indefinite retention period,” said Peter Bibring, a senior staff attorney with the Southern California ACLU. If the Next Generation Identification database simply were an update to the FBI’s existing fingerprint database, Bibring said the project wouldn't be problematic.\u003c/p>\n\u003cp>However, he said the biometric database “significantly expands the type of data law enforcement collects and creates a more invasive system” that may encourage police officers to make more stops in the field to gather photographs and biometric data for the new database.\u003c/p>\n\u003cp>Experts say the collection and storage of biometric information creates challenges for the legal system and personal privacy – challenges that have not been adequately considered in the planning and implementation of Next Generation Identification.\u003c/p>\n\u003cp>Bibring said the new database, if paired with facial recognition-enabled surveillance cameras, could drastically increase law enforcement's ability to track a person’s movements just as license-plate readers track vehicles.\u003c/p>\n\u003cp>“The federal government is creating an architecture that will make it easy to identify where people are and were,” Bibring said. “It threatens people's anonymity and ability to move about without being monitored.”\u003c/p>\n\u003cp>Scott, of the Electronic Privacy Information Center, said FBI documents obtained by the center make it clear that uncertainty lingers about who has access to the biometric data that will be stored in the new federal database, and he has doubts regarding the security of such information.\u003c/p>\n\u003cp>Dozens of Southern California law enforcement agencies have been using mobile fingerprinting devices in the field for roughly a decade. Gang officers routinely submit fingerprints, mug shots and photographs of tattoos and unique scars of suspected gang members to the statewide CalGang database, which contains information on over 13o,000 individuals statewide.\u003c/p>\n\u003cp>The national biometric database also has come under fire from privacy advocates and civil libertarians because it is being implemented without a thorough study of its impact on privacy – which is required by federal law.\u003c/p>\n\u003cp>“They need to do this before any pilot programs, of which they've done two for facial recognition and iris recognition,” Scott said. “They're not meeting their legal obligations, which is now being followed up by state and local authorities.”\u003c/p>\n\u003cp>Khan, of the Stop LAPD Spying Coalition, said such sensitive information in the hands of the Los Angeles County Sheriff's Department raises further questions about oversight and information security.\u003c/p>\n\u003cp>“When we look at the multiple contractors and subcontractors and who will have access to this information,” he said, “the whole issue of identity theft comes to mind.”\u003c/p>\n\u003cp>\u003cem>This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>This story was produced by The Center for Investigative Reporting, an independent, nonprofit newsroom based in the San Francisco Bay Area. For more, visit cironline.org. Winston can be reached at awinston@cironline.org. Follow him on Twitter: @awinston.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Ali Winston\u003c/strong>\u003cbr>\n\u003cstrong> The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_148537\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-148537\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric2-640x360.jpg\" alt=\"Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\u003c/figcaption>\u003c/figure>\n\u003cp>Without notice to the public, Los Angeles County law enforcement officials are preparing to widen what personal information they collect from on people they encounter by building a massive database of iris scans, fingerprints, mug shots, palm prints and, potentially, voice recordings.\u003c/p>\n\u003cp>The new database of personal information, dubbed a multimodal biometric identification system, would augment the county's existing database of fingerprint records and create the largest law enforcement repository outside of the FBI of so-called next-generation biometric identification, according to county sheriff’s department documents.\u003c/p>\n\u003cp>On Sept. 15, the FBI announced that the Next Generation Identification System was fully operational. Now that the central infrastructure is in place, the next phase is for local jurisdictions across the country to update their own information-gathering systems to the FBI's standards.\u003c/p>\n\u003cp>When the system is up and running in L.A., any law enforcement official working in the county, including the Los Angeles Police Department, would collect biometric information on people who are booked into county jails or by using mobile devices in the field.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This would occur even when people are stopped for lesser offenses or pulled over for minor traffic violations, according to documents obtained by The Center for Investigative Reporting through a public records request.\u003c/p>\n\u003cp>Officials with the sheriff’s department, which operates the countywide system, said the biometric information would be retained indefinitely – regardless of whether the person in question is convicted of the crime for which he or she was arrested.\u003c/p>\n\u003cp>The system is expected to be fully operational in two or three years, according to the sheriff’s department.\u003c/p>\n\u003cfigure id=\"attachment_148535\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003cimg class=\"size-medium wp-image-148535\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric1-640x360.jpg\" alt=\"A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\" width=\"320\" height=\"180\">\u003cfigcaption class=\"wp-caption-text\">A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\u003c/figcaption>\u003c/figure>\n\u003cp>All of this is happening without hearings or public input, yet technology companies already are bidding to build the system, interviews and documents show. Officials would not disclose the expected cost of the project or which companies are bidding but said it would be a multimillion-dollar undertaking.\u003c/p>\n\u003cp>The new system is being readied as the public has become increasingly concerned about privacy invasions by the government, corporations and Internet sources. Privacy advocates worry the public is losing any sense of control over the widespread collection of data on its purchases, travel habits, friendships, health, business transactions and personal communications.\u003c/p>\n\u003cp>At the same time, cities and counties across the country are facing renewed scrutiny for accepting the transfer of military technology from the Pentagon. The national biometric database is part of the transition of military-grade technologies and information-gathering strategies from the Pentagon to civilian law enforcement. During the wars in Afghanistan and Iraq over the past decade, the U.S. military collected and stored biometric information on millions of civilians and militants.\u003c/p>\n\u003cp>In 2008, President George W. Bush required the Defense, Homeland Security and Justice departments to establish common standards for collecting and sharing biometric information like iris scans and photos optimized for facial recognition. Law enforcement agencies have been testing mobile systems for documenting biometric information, including a facial recognition program uncovered in San Diego County last fall.\u003c/p>\n\u003cp>Authorities in California already collect DNA swabs from arrestees booked into county jails, a practice upheld last year by the U.S. Supreme Court and this year by a federal appeals court in California. Dozens of other states also collect DNA samples from arrestees.\u003c/p>\n\u003cp>Documents from the Los Angeles County Sheriff’s Department show its database will house information on up to 15 million subjects, giving the department a major stake in the Next Generation Identification program, a billion-dollar update to the FBI’s national fingerprint database and the largest information technology project in the history of the U.S. Department of Justice.\u003c/p>\n\u003cp>For privacy advocates, the development of the Los Angeles biometric system without any public oversight or debate and an indefinite data retention policy are causes for concern.\u003c/p>\n\u003cp>Jeramie Scott, national security counsel for the Electronic Privacy Information Center, said it’s critical for the public to be aware that this new technology is being rolled out, because the information held by law enforcement poses unique threats to privacy and anonymity.\u003c/p>\n\u003cp>“Biometric data is something you cannot change if it is compromised,” Scott said. “There are privacy and civil liberties implications that come from law enforcement having multiple ways to identify someone without their consent.”\u003c/p>\n\u003cp>Scott, whose organization has sued the FBI to release information related to Next General Identification, added: “It becomes a one-sided debate when law enforcement alone is making that decision to use new technologies on the public.”\u003c/p>\n\u003cp>Hamid Khan, an organizer with the Stop LAPD Spying Coalition who studies police surveillance, said the arrival of Next Generation Identification means Los Angeles is now a frontier in the battle for privacy.\u003c/p>\n\u003cp>“Now our whole bodies are up for grabs,” Khan said.\u003c/p>\n\u003cp>The multimodal biometric system under development by the sheriff’s department will collect four out of the five “inputs” used by the Next Generation Identification program – fingerprints, mug shots, iris scans and palm prints. Voice recordings are the fifth input.\u003c/p>\n\u003cp>The L.A. system is designed to transmit and receive data to and from the FBI and the California Department of Justice, which has its own biometric database.\u003c/p>\n\u003cp>Originally announced in 2008, Next Generation Identification is being rolled out across the country this year after pilot projects were carried out in Michigan, Maryland, Texas, Maine and New Mexico. About 17 million facial records already were integrated into Next Generation Identification as of January.\u003c/p>\n\u003cp>Earlier this year, residents and city officials in Compton were outraged that Los Angeles County sheriff’s officials had experimented with a cutting-edge aerial surveillance tool known as wide-area surveillance without any prior public notice.\u003c/p>\n\u003cp>“A lot of people do have a problem with the eye in the sky, the Big Brother, so in order to mitigate any of those kinds of complaints, we basically kept it pretty hush-hush,” sheriff’s Sgt. Douglas Iketani told CIR earlier this year.\u003c/p>\n\u003cp>Sheriff’s Lt. Joshua Thai, who is in charge of implementing the county’s new biometric database, said the department currently is collecting only fingerprints and has used mobile devices since 2006 to check the fingerprints of people stopped on the street against the county’s records.\u003c/p>\n\u003cp>Thai said biometric information would be collected from people only when they are arrested and booked, but the mobile devices would be used to verify individuals’ identities in the field.\u003c/p>\n\u003cp>“It could be somebody gets pulled over for a traffic violation and he or she does not have a driver’s license on him or her, and the officer is just trying to identify this person,” he said.\u003c/p>\n\u003cp>Thai said the goal of the project is to help law enforcement officers better identify the people they contact and avoid wrongful arrests.\u003c/p>\n\u003cp> “What we’re hoping is that based on the mug shot is that that will compensate some of the biometrics to maybe better identify this person,” Thai said.\u003c/p>\n\u003cp>The sheriff’s department declined to release information on which companies were already bidding to install the new system.\u003c/p>\n\u003cp>According to federal guidelines for the storage of biometric data in Next Generation Identification, information on an individual with a criminal record will be kept until that person is 99 years old. Information on a person without a criminal record will be purged when he or she turns 75.\u003c/p>\n\u003cp>The FBI's guidelines for keeping biometric data on individuals, regardless of whether they have criminal records, “amounts to an indefinite retention period,” said Peter Bibring, a senior staff attorney with the Southern California ACLU. If the Next Generation Identification database simply were an update to the FBI’s existing fingerprint database, Bibring said the project wouldn't be problematic.\u003c/p>\n\u003cp>However, he said the biometric database “significantly expands the type of data law enforcement collects and creates a more invasive system” that may encourage police officers to make more stops in the field to gather photographs and biometric data for the new database.\u003c/p>\n\u003cp>Experts say the collection and storage of biometric information creates challenges for the legal system and personal privacy – challenges that have not been adequately considered in the planning and implementation of Next Generation Identification.\u003c/p>\n\u003cp>Bibring said the new database, if paired with facial recognition-enabled surveillance cameras, could drastically increase law enforcement's ability to track a person’s movements just as license-plate readers track vehicles.\u003c/p>\n\u003cp>“The federal government is creating an architecture that will make it easy to identify where people are and were,” Bibring said. “It threatens people's anonymity and ability to move about without being monitored.”\u003c/p>\n\u003cp>Scott, of the Electronic Privacy Information Center, said FBI documents obtained by the center make it clear that uncertainty lingers about who has access to the biometric data that will be stored in the new federal database, and he has doubts regarding the security of such information.\u003c/p>\n\u003cp>Dozens of Southern California law enforcement agencies have been using mobile fingerprinting devices in the field for roughly a decade. Gang officers routinely submit fingerprints, mug shots and photographs of tattoos and unique scars of suspected gang members to the statewide CalGang database, which contains information on over 13o,000 individuals statewide.\u003c/p>\n\u003cp>The national biometric database also has come under fire from privacy advocates and civil libertarians because it is being implemented without a thorough study of its impact on privacy – which is required by federal law.\u003c/p>\n\u003cp>“They need to do this before any pilot programs, of which they've done two for facial recognition and iris recognition,” Scott said. “They're not meeting their legal obligations, which is now being followed up by state and local authorities.”\u003c/p>\n\u003cp>Khan, of the Stop LAPD Spying Coalition, said such sensitive information in the hands of the Los Angeles County Sheriff's Department raises further questions about oversight and information security.\u003c/p>\n\u003cp>“When we look at the multiple contractors and subcontractors and who will have access to this information,” he said, “the whole issue of identity theft comes to mind.”\u003c/p>\n\u003cp>\u003cem>This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This story was produced by The Center for Investigative Reporting, an independent, nonprofit newsroom based in the San Francisco Bay Area. For more, visit cironline.org. Winston can be reached at awinston@cironline.org. Follow him on Twitter: @awinston.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>By Don Babwin\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_21701\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/09/eberhardt_2014_hi-res-downl.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/09/eberhardt_2014_hi-res-downl.jpg\" alt=\"Stanford psychologist Jennifer Eberhardt was awarded a MacArthur Foundation 'genius grant' for her research on racial profiling. (Courtesy of the MacArthur Foundation)\" width=\"800\" height=\"533\" class=\"size-full wp-image-21701\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stanford psychologist Jennifer Eberhardt was awarded a ‘genius grant’ for her research on racial stereotypes and crime. (Courtesy of the MacArthur Foundation)\u003c/figcaption>\u003c/figure>\n\u003cp>A professor whose research is helping a California police department improve its strained relationship with the black community and a lawyer who advocates for victims of domestic abuse are among the 21 winners of this year’s MacArthur Foundation “genius grants.”\u003c/p>\n\u003cp>The Chicago-based John D. and Catherine T. MacArthur Foundation announced on Wednesday the 2014 recipients, who will each receive $625,000 to spend any way they like.\u003c/p>\n\u003cp>The professor and lawyer, part of an eclectic group that also includes scientists, mathematicians, historians, a cartoonist and a composer, are among several recipients whose work involves topics that have dominated the news in the past year.\u003c/p>\n\u003cp>“I think getting this (grant) speaks to people’s sense that this is the kind of work that needs to be done,” said recipient Jennifer Eberhardt, a Stanford University social psychologist who has researched racial stereotypes and crime.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Shrouded in secrecy, the selection process involves nominations from anonymous groups and recommendations from the foundation’s board of directors. Recipients have no idea they’ve won until they get a call from the foundation, and even then recipients have been known to wonder initially if someone is trying to trick them.\u003c/p>\n\u003cp>John Henneberger, a housing advocate in Texas, said he was so stunned when he got his call that he had to sit down.\u003c/p>\n\u003cp>“I got really quiet and they (people he was with) were asking me, ‘Did somebody die?” he said.\u003c/p>\n\u003cp>Eberhart’s work prompted the Oakland, California, police department to ask for her help studying racial biases among its officers and how those biases play out on the street — topics that have been debated nationally in the wake of the police shooting of Michael Brown, an unarmed black 18-year-old in Missouri. Eberhardt, who is also studying the use of body cameras by police — another topic of particular interest since Brown’s shooting — said, “I hope this will show the work matters, holds value and promotes social change.”\u003c/p>\n\u003cp>The justice system is also at the heart of Sarah Deer’s work as a legal scholar and advocate for Native American women living on reservations, who suffer higher-than-average rates of domestic abuse and sexual violence.\u003c/p>\n\u003cp>Deer, a Native American who teaches law in Minnesota, met with women who simply stopped reporting such attacks because their tribal governments had been stripped of the authority to investigate and because federal authorities were often unwilling to do so, she said. The foundation pointed to her instrumental role in reauthorization of the Violence Against Women Act by Congress in 2013 that restored some of those abilities to tribes.\u003c/p>\n\u003cp>“For the first time since 1978 … tribes (can) prosecute non-Indians who have committed acts of sexual assault and domestic violence on reservations,” she said.\u003c/p>\n\u003cp>Like Deer, fellow recipient Jonathan Rapping has worked to improve the lives of others.\u003c/p>\n\u003cp>A former public defender, Rapping founded Gideon’s Promise after seeing a legal system that he said valued speed over quality representation of the indigent. The organization trains, mentors and assists public defenders to help them withstand the intense pressure that can come with massive caseloads.\u003c/p>\n\u003cp>Today, the program that began in 2007 for 16 attorneys in two offices in Georgia and Louisiana has more than 300 participants in 15 states.\u003c/p>\n\u003cp>The foundation recognized Khaled Mattawa, an associate professor at the University of Michigan, for his poetry and translations of Arab contemporary poets.\u003c/p>\n\u003cp>Mattawa, who said he started translating the poetry as way to teach himself to write poetry, said the work can connect people from different cultures. “The poets are bearing witness not only to the humanity of their own people but of a shared humanity,” he said.\u003c/p>\n\u003cp>The awards, given annually since 1981, are doled out over a five-year period. This year’s class brings the number of recipients to more than 900.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Most winners are not widely known outside their fields, but the list has over the years included writer Susan Sontag and filmmaker John Sayles.\u003c/p>\n\n",
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"content": "\u003cfigure id=\"attachment_78974\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2012/10/25/live-blog-at-445-p-m-tigers-vs-giants-world-series-game-2/giantsfans20121025/\" rel=\"attachment wp-att-78974\">\u003cimg class=\"size-full wp-image-78974\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/giantsfans20121025.jpg\" alt=\"Giants fans cheer during a 2012 World Series game at AT&T Park. (Doug Pensinger/Getty Images)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Giants fans cheer during a 2012 World Series game at AT&T Park. (Doug Pensinger/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Bay City News\u003c/strong>\u003c/p>\n\u003cp>Two Native Americans removed from San Francisco's AT&T Park during a Native American Heritage Night at a \u003ca href=\"http://ww2.kqed.org/news/2014/07/10/san-francisco-giants-ban-culturally-insensitive-attire-at-games/\">Giants game\u003c/a> in June are filing a claim of police brutality against the city and are urging the Giants to practice cultural sensitivity.\u003c/p>\n\u003cp>Kimball Bighorse, 35, of San Bruno, who is of Seneca, Cayuga and Navajo descent, stood outside AT&T Park this morning recounting the incident that occurred inside the ballpark on June 23 that led to police detaining him and a fellow Giants fan whom he met that night, April Negrette.\u003c/p>\n\u003cp>Bighorse said he and Negrette peacefully confronted a man wearing a backward, plastic Native American-themed headdress.\u003c/p>\n\u003cp>Bighorse described the headdress as \"counterfeit\" and said it was being worn in an \"offensive\" manner on a night that was meant to celebrate Native American heritage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said they expressed to the man that what he was doing was an insult and a highly offensive instance of cultural appropriation.\u003c/p>\n\u003cp>In a video about the incident posted on the YouTube channel WeCopwatch, Negrette says the man eventually gave the pair the headdress when he saw how upset it was making her.\u003c/p>\n\u003cp>As the two were heading back to their seats, San Francisco police officers stopped them, Bighorse said.\u003c/p>\n\u003cp>San Francisco police officers ejected them from the ballpark, allegedly throwing Negrette to the floor by her hair, violently twisting her arms behind her back and keeping her in a painful compliance hold for an extended period of time, Bighorse said.\u003c/p>\n\u003cp>Bighorse, a software engineer who works at a San Francisco startup company, said he decided to capture video footage of the police officers' conduct on his phone. He captured much of the incident on his phone before he, too, was removed from the stadium and handcuffed.\u003c/p>\n\u003cp>Negrette said in the YouTube video that police were violent and didn't readily supply a female officer to search her despite her request. She said she was \"harassed and abused.\"\u003c/p>\n\u003cp>Bighorse said he hopes filing the tort claim will remind San Francisco police to think twice before stopping people from expressing themselves and will hold police accountable for their actions.\u003c/p>\n\u003cp>\u003cstrong>U.N. Declaration Cited\u003c/strong>\u003c/p>\n\u003cp>A letter delivered this week to the Giants' director of special ticketing, Faham Zakariaei, from the pair's attorney, Rachel Lederman, on behalf of the National Lawyers Guild urged the Giants to prevent a recurrence of \"racist and culturally insensitive\" actions.\u003c/p>\n\u003cp>Lederman urged the Giants to acknowledge and apologize for the incident and take measures to prevent it from happening again.\u003c/p>\n\u003cp>She said the \u003ca href=\"http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf\">United Nations Declaration on the Rights of Indigenous Peoples\u003c/a> was created to protect Native Americans from such abuse, but the laws must be enforced to better \"promote respect for all peoples.\"\u003c/p>\n\u003cp>Lederman's letter asks the Giants not to allow appropriations of Native American culture, not to display what they say are racist team names or imagery and publicly encourage Bay Area sports teams and Major League Baseball teams to adopt similar policies.\u003c/p>\n\u003cp>She also urged the Giants to provide cultural sensitivity training to their staff.\u003c/p>\n\u003cp>The Giants have placed a message on a section of their team website saying, \"Any fan wearing culturally insensitive attire, using obscene or abusive language, engaging in antisocial conduct offensive to those around them or displaying any other offensive behavior is subject to removal from the ballpark.\"\u003c/p>\n\u003cp>The message says, \"If you observe a fan acting in this manner, please contact Giants security by texting the word 'FOUL' to 69050, followed by your message. Please do not take the matter into your own hands.\"\u003c/p>\n\u003cp>Tony Gonzales, director of American Indian Movement West and a liaison to the United Nations, supports the pair's claim, saying that the incident \"goes to the heart of racism in America.\"\u003c/p>\n\u003cp>Gonzales recommends that the Giants' staff meet with representatives of San Francisco and Bay Area Native American groups to better understand how certain imagery is harmful to Native Americans and how they can work with Native American representatives to make changes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Gonzales and Bighorse said today that they are longtime Giants fans and said they would like to see the Giants act in an exemplary manner.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said they expressed to the man that what he was doing was an insult and a highly offensive instance of cultural appropriation.\u003c/p>\n\u003cp>In a video about the incident posted on the YouTube channel WeCopwatch, Negrette says the man eventually gave the pair the headdress when he saw how upset it was making her.\u003c/p>\n\u003cp>As the two were heading back to their seats, San Francisco police officers stopped them, Bighorse said.\u003c/p>\n\u003cp>San Francisco police officers ejected them from the ballpark, allegedly throwing Negrette to the floor by her hair, violently twisting her arms behind her back and keeping her in a painful compliance hold for an extended period of time, Bighorse said.\u003c/p>\n\u003cp>Bighorse, a software engineer who works at a San Francisco startup company, said he decided to capture video footage of the police officers' conduct on his phone. He captured much of the incident on his phone before he, too, was removed from the stadium and handcuffed.\u003c/p>\n\u003cp>Negrette said in the YouTube video that police were violent and didn't readily supply a female officer to search her despite her request. She said she was \"harassed and abused.\"\u003c/p>\n\u003cp>Bighorse said he hopes filing the tort claim will remind San Francisco police to think twice before stopping people from expressing themselves and will hold police accountable for their actions.\u003c/p>\n\u003cp>\u003cstrong>U.N. Declaration Cited\u003c/strong>\u003c/p>\n\u003cp>A letter delivered this week to the Giants' director of special ticketing, Faham Zakariaei, from the pair's attorney, Rachel Lederman, on behalf of the National Lawyers Guild urged the Giants to prevent a recurrence of \"racist and culturally insensitive\" actions.\u003c/p>\n\u003cp>Lederman urged the Giants to acknowledge and apologize for the incident and take measures to prevent it from happening again.\u003c/p>\n\u003cp>She said the \u003ca href=\"http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf\">United Nations Declaration on the Rights of Indigenous Peoples\u003c/a> was created to protect Native Americans from such abuse, but the laws must be enforced to better \"promote respect for all peoples.\"\u003c/p>\n\u003cp>Lederman's letter asks the Giants not to allow appropriations of Native American culture, not to display what they say are racist team names or imagery and publicly encourage Bay Area sports teams and Major League Baseball teams to adopt similar policies.\u003c/p>\n\u003cp>She also urged the Giants to provide cultural sensitivity training to their staff.\u003c/p>\n\u003cp>The Giants have placed a message on a section of their team website saying, \"Any fan wearing culturally insensitive attire, using obscene or abusive language, engaging in antisocial conduct offensive to those around them or displaying any other offensive behavior is subject to removal from the ballpark.\"\u003c/p>\n\u003cp>The message says, \"If you observe a fan acting in this manner, please contact Giants security by texting the word 'FOUL' to 69050, followed by your message. Please do not take the matter into your own hands.\"\u003c/p>\n\u003cp>Tony Gonzales, director of American Indian Movement West and a liaison to the United Nations, supports the pair's claim, saying that the incident \"goes to the heart of racism in America.\"\u003c/p>\n\u003cp>Gonzales recommends that the Giants' staff meet with representatives of San Francisco and Bay Area Native American groups to better understand how certain imagery is harmful to Native Americans and how they can work with Native American representatives to make changes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Gonzales and Bighorse said today that they are longtime Giants fans and said they would like to see the Giants act in an exemplary manner.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "CPUC Acts After New Round of 'Inappropriate' Emails With PG&E ",
"title": "CPUC Acts After New Round of 'Inappropriate' Emails With PG&E ",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_147643\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/452938164.jpg\">\u003cimg class=\"size-medium wp-image-147643\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/452938164-640x423.jpg\" alt=\"The PG&E logo is displayed on a hard hat at a work site earlier this summer. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"423\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/452938164-640x423.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/452938164-1028x680.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The PG&E logo is displayed on a hardhat at a work site earlier this summer. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The California Public Utilities Commission announced Monday that it's taking steps to deal with newly uncovered \"inappropriate email exchanges\" earlier this year between a Pacific Gas & Electric Co. executive and senior CPUC officials, including CPUC President Michael Peevey and his chief of staff.\u003c/p>\n\u003cp>In a statement, the commission said the chief of staff, Carol Brown, has agreed to resign. For his part, Peevey has recused himself from the rate case that was at the center of the newly disclosed emails, as well as the commission's ongoing deliberations over final penalties against PG&E for the September 2010 San Bruno gas pipeline disaster.\u003c/p>\n\u003cp>As the CPUC made its action public, \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20140915/pge_takes_action_to_address_ex_parte_communication_issues_identified_in_self-report_to_cpuc_today__pledges_no_excuses_compliance.shtml\">PG&E announced\u003c/a> it had dismissed three executives involved in the email exchanges, including Brian Cherry, vice president for regulatory relations.\u003c/p>\n\u003cp>The company said the messages \"may have violated CPUC rules prohibiting certain ex parte communications -- meaning communication with decision-makers that takes place without the knowledge of all parties to a proceeding.\" PG&E said it discovered the exchange of emails during a review of five years of emails between the company and the commission.\u003c/p>\n\u003cp>The exchange is apparently separate from a series of messages \u003ca href=\"http://www.sfgate.com/news/article/San-Bruno-E-mails-show-cozy-ties-between-state-5647686.php\">made public in July\u003c/a>. Those messages included emails between Peevey, Brown and CPUC Executive Director Paul Clanon with Cherry and others at PG&E. Both the company and the commission defended the earlier emails, which discussed issues relating to the San Bruno blast and its regulatory aftermath, as routine messages necessary for the conduct of business. San Bruno city officials and The Utility Reform Network (TURN) blasted the emails as unethical, unprofessional and possibly illegal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The email exchanges disclosed Monday and \u003ca href=\"http://www.cpuc.ca.gov/PUC/News/Sept_15_2014_Email_Documents.htm\" target=\"_blank\">published on the CPUC website\u003c/a> focused on a major proceeding initiated last December in which the commission is to set future rates for PG&E's gas transmission and storage services.\u003c/p>\n\u003cp>[contextly_sidebar id=\"1ZlvWGHIBAVYPVjbKV9aQuP5t1JgvMCc\"]\u003c/p>\n\u003cp>In a series of messages sent in January 2014, PG&E's Cherry sought inside information from Brown, Peevey's chief of staff, about which commissioner and which of the CPUC's administrative law judges would be assigned to oversee the case.\u003c/p>\n\u003cp>In his messages, Cherry expressed a preference for the appointment of Commissioner Mike Florio and Administrative Law Judge John Wong. His tone is peremptory at times, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/1BA98111-7928-4095-872C-3420A39E1D83/0/011514.pdf\" target=\"_blank\">as when he wrote Brown\u003c/a>, in reference to Wong's appointment, \"Can you get it done ASAP please?\"\u003c/p>\n\u003cp>Cherry pointedly opposed the appointment of judges he said were unfriendly to the company. In several brief notes, Brown told Cherry that Wong would be unavailable for the case due to a heavy workload.\u003c/p>\n\u003cp>But Cherry persisted.\u003c/p>\n\u003cp>At one point, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/7DA28131-CED9-4CA0-A778-0C975F5C858B/0/011714c.pdf\" target=\"_blank\">he wrote directly to Peevey\u003c/a> that Wong's apparent unavailability \"is a problem. Hope Carol [Brown] can fix it.\"\u003c/p>\n\u003cp>Later, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/5B451854-9135-4F6B-9DA9-C0ABEA856DD8/0/011714.pdf\" target=\"_blank\"> Cherry wrote Brown\u003c/a>, \"I'm not sure we could get someone worse\" when he learned of one judge's possible appointment to the case. He told Brown another judge candidate \"screwed us royally\" in an earlier case. \"Let's just say she has a history of being very hard on us,\" he wrote.\u003c/p>\n\u003cp>Cherry also emailed Commissioner Florio about Wong's appointment, asking \"what cases Wong is working on that is keeping him so busy?\"\u003c/p>\n\u003cp>Eventually, the gas transmission case was assigned to Wong, prompting Cherry to write Brown, \"Thank you, thank you, thank you.\"\u003c/p>\n\u003cp>The appointment also occasioned an email from Florio to Cherry, saying, \"I trust you're happier now?? Not sure how this came about, but John is the best.\" As part of the CPUC's statement today, Florio conceded he \"should not have\" responded to \"PG&E's inappropriate inquiry.\"\u003c/p>\n\u003cp>TURN, which had earlier called for Peevey to recuse himself from the CPUC's San Bruno proceeding, on Monday said he should resign.\u003c/p>\n\u003cp>“It is clear that PG&E was calling the shots at the CPUC, and was accustomed to doing so,” said Mark Toney, TURN’s executive director, in a statement. Toney said the emails show “PG&E had a personal shopper in Peevey’s office, helping to pick and choose the judges that suited PG&E best.”\u003c/p>\n\u003cp>Toney said TURN wants PG&E to make public every email sent to CPUC commissioners and staff for the last five years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In its statement, PG&E said it was dismissing Cherry, senior vice president of regulatory affairs Tom Bottorff and vice president of regulatory proceedings and rates Trina Horner. The company said it's creating a new oversight position, chief regulatory compliance officer. It also announced it's retaining former Interior Secretary Ken Salazar \"as special counsel on regulatory compliance matters to assist in developing a best-in-class regulatory compliance model.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_147643\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/452938164.jpg\">\u003cimg class=\"size-medium wp-image-147643\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/452938164-640x423.jpg\" alt=\"The PG&E logo is displayed on a hard hat at a work site earlier this summer. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"423\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/452938164-640x423.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/452938164-1028x680.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The PG&E logo is displayed on a hardhat at a work site earlier this summer. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The California Public Utilities Commission announced Monday that it's taking steps to deal with newly uncovered \"inappropriate email exchanges\" earlier this year between a Pacific Gas & Electric Co. executive and senior CPUC officials, including CPUC President Michael Peevey and his chief of staff.\u003c/p>\n\u003cp>In a statement, the commission said the chief of staff, Carol Brown, has agreed to resign. For his part, Peevey has recused himself from the rate case that was at the center of the newly disclosed emails, as well as the commission's ongoing deliberations over final penalties against PG&E for the September 2010 San Bruno gas pipeline disaster.\u003c/p>\n\u003cp>As the CPUC made its action public, \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20140915/pge_takes_action_to_address_ex_parte_communication_issues_identified_in_self-report_to_cpuc_today__pledges_no_excuses_compliance.shtml\">PG&E announced\u003c/a> it had dismissed three executives involved in the email exchanges, including Brian Cherry, vice president for regulatory relations.\u003c/p>\n\u003cp>The company said the messages \"may have violated CPUC rules prohibiting certain ex parte communications -- meaning communication with decision-makers that takes place without the knowledge of all parties to a proceeding.\" PG&E said it discovered the exchange of emails during a review of five years of emails between the company and the commission.\u003c/p>\n\u003cp>The exchange is apparently separate from a series of messages \u003ca href=\"http://www.sfgate.com/news/article/San-Bruno-E-mails-show-cozy-ties-between-state-5647686.php\">made public in July\u003c/a>. Those messages included emails between Peevey, Brown and CPUC Executive Director Paul Clanon with Cherry and others at PG&E. Both the company and the commission defended the earlier emails, which discussed issues relating to the San Bruno blast and its regulatory aftermath, as routine messages necessary for the conduct of business. San Bruno city officials and The Utility Reform Network (TURN) blasted the emails as unethical, unprofessional and possibly illegal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The email exchanges disclosed Monday and \u003ca href=\"http://www.cpuc.ca.gov/PUC/News/Sept_15_2014_Email_Documents.htm\" target=\"_blank\">published on the CPUC website\u003c/a> focused on a major proceeding initiated last December in which the commission is to set future rates for PG&E's gas transmission and storage services.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>In a series of messages sent in January 2014, PG&E's Cherry sought inside information from Brown, Peevey's chief of staff, about which commissioner and which of the CPUC's administrative law judges would be assigned to oversee the case.\u003c/p>\n\u003cp>In his messages, Cherry expressed a preference for the appointment of Commissioner Mike Florio and Administrative Law Judge John Wong. His tone is peremptory at times, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/1BA98111-7928-4095-872C-3420A39E1D83/0/011514.pdf\" target=\"_blank\">as when he wrote Brown\u003c/a>, in reference to Wong's appointment, \"Can you get it done ASAP please?\"\u003c/p>\n\u003cp>Cherry pointedly opposed the appointment of judges he said were unfriendly to the company. In several brief notes, Brown told Cherry that Wong would be unavailable for the case due to a heavy workload.\u003c/p>\n\u003cp>But Cherry persisted.\u003c/p>\n\u003cp>At one point, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/7DA28131-CED9-4CA0-A778-0C975F5C858B/0/011714c.pdf\" target=\"_blank\">he wrote directly to Peevey\u003c/a> that Wong's apparent unavailability \"is a problem. Hope Carol [Brown] can fix it.\"\u003c/p>\n\u003cp>Later, \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/5B451854-9135-4F6B-9DA9-C0ABEA856DD8/0/011714.pdf\" target=\"_blank\"> Cherry wrote Brown\u003c/a>, \"I'm not sure we could get someone worse\" when he learned of one judge's possible appointment to the case. He told Brown another judge candidate \"screwed us royally\" in an earlier case. \"Let's just say she has a history of being very hard on us,\" he wrote.\u003c/p>\n\u003cp>Cherry also emailed Commissioner Florio about Wong's appointment, asking \"what cases Wong is working on that is keeping him so busy?\"\u003c/p>\n\u003cp>Eventually, the gas transmission case was assigned to Wong, prompting Cherry to write Brown, \"Thank you, thank you, thank you.\"\u003c/p>\n\u003cp>The appointment also occasioned an email from Florio to Cherry, saying, \"I trust you're happier now?? Not sure how this came about, but John is the best.\" As part of the CPUC's statement today, Florio conceded he \"should not have\" responded to \"PG&E's inappropriate inquiry.\"\u003c/p>\n\u003cp>TURN, which had earlier called for Peevey to recuse himself from the CPUC's San Bruno proceeding, on Monday said he should resign.\u003c/p>\n\u003cp>“It is clear that PG&E was calling the shots at the CPUC, and was accustomed to doing so,” said Mark Toney, TURN’s executive director, in a statement. Toney said the emails show “PG&E had a personal shopper in Peevey’s office, helping to pick and choose the judges that suited PG&E best.”\u003c/p>\n\u003cp>Toney said TURN wants PG&E to make public every email sent to CPUC commissioners and staff for the last five years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In its statement, PG&E said it was dismissing Cherry, senior vice president of regulatory affairs Tom Bottorff and vice president of regulatory proceedings and rates Trina Horner. The company said it's creating a new oversight position, chief regulatory compliance officer. It also announced it's retaining former Interior Secretary Ken Salazar \"as special counsel on regulatory compliance matters to assist in developing a best-in-class regulatory compliance model.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report",
"title": "New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_147578\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto.jpg\">\u003cimg class=\"wp-image-147578 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto-640x418.jpg\" alt=\"Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\" width=\"640\" height=\"418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-640x418.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-1028x672.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A long-awaited medical examiner's report was released today on the cause and manner of death of a 28-year-old man shot and killed by San Francisco police on March 21.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">said four days after the shooting\u003c/a> that Alejandro Nieto pointed a Taser stun gun at officers responding to reports of a man with a gun at Bernal Heights Park. The officers believed the Taser was a firearm, and shot Nieto from about 75 feet away, Suhr said.\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, which \"may have been created by as few as ten (10) bullets,\" according to the report (\u003ca href=\"#report\">read below\u003c/a>). The medical examiner cites gunshot wounds with \"intersecting paths\" that may have been caused by one or more bullets.\u003c/p>\n\u003cp>Nieto was shot in the forehead, upper lip, chest and both arms. He appears to have been shot three times from behind, including in the back of the left shoulder, mid-back, and right lower leg, according to the report.\u003c/p>\n\u003cp>A toxicology screen turned up traces of marijuana in Nieto's blood. The medical examiner cites \"a clinical history of psychosis exacerbated by non-compliance with medications\" in the report, a factor Suhr mentioned days after the shooting.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nieto had a history of \"aggressive and bizarre behavior, auditory hallucinations, and noncompliance to psychiatric medications,\" according to the report, which also cites a 2011 incident in which Nieto was placed on a 5150 hold, meaning he was taken into custody because he was a danger to himself or others due to a mental health disorder.\u003c/p>\n\u003cp>The dead man's \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">family and supporters\u003c/a> point out that he was an aspiring probation officer who was cleared to intern at the San Francisco probation department. He was a City College student studying criminal justice, and carried the Taser for his job as a security guard at a San Francisco nightclub. Nieto was also well known in the city's Mission District, where hundreds marched last month to announce the \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">filing of a civil rights lawsuit\u003c/a> over the shooting.\u003c/p>\n\u003cp>Nieto's parents are represented in the suit by Oakland-based civil rights attorney Adante Pointer.\u003c/p>\n\u003cp>\"It doesn't settle the issue on whether or not these officers acted lawfully,\" Pointer said about the medical examiner's report. \"This is a person who may have had some mental issues, and because of that, essentially he did something that warranted his death. I put my weight in an independent witness as opposed to someone who's biased and has an interest in the case.\"\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department said the department cannot comment because of the pending lawsuit.\u003c/p>\n\u003cp>The San Francisco district attorney's independent investigation into the shooting is ongoing.\u003c/p>\n\u003cp>\"Medical examiner's reports are always important when there’s an officer-involved shooting,\" said DA spokesman Alex Bastion. \"We’ll be reviewing it in conjunction with our independent investigation. There’s quite a bit of information in there.\"\u003c/p>\n\u003cp>Bastion said the district attorney's office will release a summary of its investigation when it's complete.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Alejandro Nieto Medical Examiner's Report 9-12-2014 on Scribd\" href=\"http://www.scribd.com/doc/239580234/Alejandro-Nieto-Medical-Examiner-s-Report-9-12-2014\">Alejandro Nieto Medical Examiner's Report 9-12-2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=239580234 key=key-SBeG9zkSi1NzQvECp7Ph mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_147578\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto.jpg\">\u003cimg class=\"wp-image-147578 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto-640x418.jpg\" alt=\"Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\" width=\"640\" height=\"418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-640x418.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-1028x672.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A long-awaited medical examiner's report was released today on the cause and manner of death of a 28-year-old man shot and killed by San Francisco police on March 21.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">said four days after the shooting\u003c/a> that Alejandro Nieto pointed a Taser stun gun at officers responding to reports of a man with a gun at Bernal Heights Park. The officers believed the Taser was a firearm, and shot Nieto from about 75 feet away, Suhr said.\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, which \"may have been created by as few as ten (10) bullets,\" according to the report (\u003ca href=\"#report\">read below\u003c/a>). The medical examiner cites gunshot wounds with \"intersecting paths\" that may have been caused by one or more bullets.\u003c/p>\n\u003cp>Nieto was shot in the forehead, upper lip, chest and both arms. He appears to have been shot three times from behind, including in the back of the left shoulder, mid-back, and right lower leg, according to the report.\u003c/p>\n\u003cp>A toxicology screen turned up traces of marijuana in Nieto's blood. The medical examiner cites \"a clinical history of psychosis exacerbated by non-compliance with medications\" in the report, a factor Suhr mentioned days after the shooting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nieto had a history of \"aggressive and bizarre behavior, auditory hallucinations, and noncompliance to psychiatric medications,\" according to the report, which also cites a 2011 incident in which Nieto was placed on a 5150 hold, meaning he was taken into custody because he was a danger to himself or others due to a mental health disorder.\u003c/p>\n\u003cp>The dead man's \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">family and supporters\u003c/a> point out that he was an aspiring probation officer who was cleared to intern at the San Francisco probation department. He was a City College student studying criminal justice, and carried the Taser for his job as a security guard at a San Francisco nightclub. Nieto was also well known in the city's Mission District, where hundreds marched last month to announce the \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">filing of a civil rights lawsuit\u003c/a> over the shooting.\u003c/p>\n\u003cp>Nieto's parents are represented in the suit by Oakland-based civil rights attorney Adante Pointer.\u003c/p>\n\u003cp>\"It doesn't settle the issue on whether or not these officers acted lawfully,\" Pointer said about the medical examiner's report. \"This is a person who may have had some mental issues, and because of that, essentially he did something that warranted his death. I put my weight in an independent witness as opposed to someone who's biased and has an interest in the case.\"\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department said the department cannot comment because of the pending lawsuit.\u003c/p>\n\u003cp>The San Francisco district attorney's independent investigation into the shooting is ongoing.\u003c/p>\n\u003cp>\"Medical examiner's reports are always important when there’s an officer-involved shooting,\" said DA spokesman Alex Bastion. \"We’ll be reviewing it in conjunction with our independent investigation. There’s quite a bit of information in there.\"\u003c/p>\n\u003cp>Bastion said the district attorney's office will release a summary of its investigation when it's complete.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Alejandro Nieto Medical Examiner's Report 9-12-2014 on Scribd\" href=\"http://www.scribd.com/doc/239580234/Alejandro-Nieto-Medical-Examiner-s-Report-9-12-2014\">Alejandro Nieto Medical Examiner's Report 9-12-2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/239580234/content?start_page=1&view_mode=&access_key=key-SBeG9zkSi1NzQvECp7Ph\"\n title=\"http://www.scribd.com/doc/239580234\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_239580234\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/239580234\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_147534\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/RS3937_IMG_4329-lpr.jpg\">\u003cimg class=\"size-medium wp-image-147534\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/RS3937_IMG_4329-lpr-640x480.jpg\" alt=\"The state's only Death Row for male inmates in California is located at San Quentin State Prison. (Molly Samuel/KQED with aerial support from LightHawk)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The state's only death row for male inmates in California is located at San Quentin State Prison. (Molly Samuel/KQED with aerial support from LightHawk) \u003ccite>(Molly Samuel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Associated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — Support for California's death penalty has fallen to its lowest level in nearly 50 years after a judge ruled it unconstitutional, according to a Field Poll released Friday.\u003c/p>\n\u003cp>The poll found 56 percent of registered voters support keeping the death penalty, a decline of 12 percentage points in just the last three years, when Field found 68 percent support for the death penalty. The new survey found 34 percent of respondents support abolishing it and 10 percent have no opinion.\u003c/p>\n\u003cp>It is the lowest level of support since 1965, when just 51 percent of Californians backed it.\u003c/p>\n\u003cp>U.S. District Judge Cormac Carney in Los Angeles ruled in July that California's death penalty is unconstitutional because it takes too long to carry out, and that unpredictable delays are arbitrary and unfair. The judge noted that since the current death penalty system was adopted more than 35 years ago, more than 900 people have been sentenced to death but only 13 have been executed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>State Attorney General Kamala Harris, a Democrat, is appealing the ruling, arguing that the lengthy waits ensure those who are condemned receive due process.\u003c/p>\n\u003cp>Friday's Field Poll also asked registered voters what the state should do in response to the ruling. Fifty-two percent support speeding up the execution process, while 40 percent favor replacing the death penalty with life in prison without the possibility of parole.\u003c/p>\n\u003cp>California voters rejected Proposition 34 in 2012, which would have repealed the death penalty in California, with 48 percent in favor and 52 percent opposed.\u003c/p>\n\u003cp>Executions are on hold in California regardless. The state has not executed any inmates since 2006 after another federal judge ordered an overhaul of the state's lethal injection procedures.\u003c/p>\n\u003cp>The Department of Corrections and Rehabilitation is drafting new lethal injection regulations after Gov. Jerry Brown, a Democrat, said the state would switch from a mixture of three drugs to a single-drug lethal injection. No executions can occur until the new rules are adopted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Field Poll surveyed 1,280 registered voters from Aug. 14-28. The poll has a sampling error margin of plus or minus 3.2 percentage points.\u003c/p>\n\n",
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},
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"id": "bbc-world-service",
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"info": "The day's top stories from BBC News compiled twice daily in the week, once at weekends.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
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},
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},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
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"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/californiareport",
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"order": 8
},
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},
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"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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},
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"order": 1
},
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
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"order": 9
},
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"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"hyphenacion": {
"id": "hyphenacion",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"order": 18
},
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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