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"slug": "familys-lawsuit-raises-questions-about-why-cal-football-player-died",
"title": "Suit Spotlights Role of Sickle Cell Condition in Cal Football Player's Death",
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"content": "\u003cp>\u003cstrong>By Sara Hossaini\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_125602\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/tedagu/\" rel=\"attachment wp-att-125602\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-125602\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/02/tedagu-640x362.jpg\" alt=\"UC Berkeley football player Ted Agu, in image released today by Cal. \" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Berkeley football player Ted Agu, in image released by Cal.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163185658&color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">L\u003c/span>ast Feb. 7, Cal football player Ted Agu \u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/\">collapsed and died\u003c/a> following an off-season training drill. A walk-on defensive player who had worked hard to earn a scholarship, Agu was a popular player known as “Pre-Med Ted” for his ambition to go to medical school. His death devastated family, friends and teammates.\u003c/p>\n\u003cp>Now that tragedy is the focus of a wrongful death lawsuit by Agu’s parents, who say the university failed to take adequate precautions to respond to a potentially deadly medical condition their son had.\u003c/p>\n\u003cp>That condition, \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/traits.html\" target=\"_blank\" rel=\"noopener\">sickle cell trait\u003c/a>, is found in people who have inherited just one of the two genes that cause sickle cell disease. Sickle cell trait itself is not uncommon: It’s found in about 8 percent of the African-American population, and it’s distinct from \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/facts.html\" target=\"_blank\" rel=\"noopener\">sickle cell disease\u003c/a> that afflicts people who inherit the gene from both parents.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Agu’s family and lawyers say Cal officials knew he had sickle cell trait and should have been monitoring him more carefully.\u003c/aside>\n\u003cp>The Agu lawsuit shines a spotlight both on what Cal officials knew about the player’s sickle cell status and on a debate about what measures should be taken to protect student athletes with the condition.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dr. Thomas Beaver, Alameda County’s former chief forensic pathologist, performed the initial autopsy on Agu shortly after he died on Feb. 7. He says he observed that Agu’s heart was somewhat enlarged.\u003c/p>\n\u003cp>“It’s not what I would call a severe case, it’s not incompatible with life,” Beaver says. He adds that the discovery led him to focus on \u003ca href=\"http://www.nlm.nih.gov/medlineplus/ency/article/000192.htm\" target=\"_blank\" rel=\"noopener\">hypertrophic cardiomyopathy\u003c/a>, a condition that leads to abnormal thickening of the heart muscle, as a possible cause of death.\u003c/p>\n\u003cp>Beaver says he was told Agu suddenly collapsed during a conditioning drill and couldn’t be revived, a sequence of events that suggested a sudden cardiac event.\u003c/p>\n\u003cp>\u003cstrong>A Surprise Discovery\u003c/strong>\u003c/p>\n\u003cp>Weeks later, Beaver got slides of Agu’s heart tissue and set out to confirm his theory. It was only then that he made a surprising discovery: abnormal, “sickled” red blood cells.\u003c/p>\n\u003cp>“I didn’t discover the sickle cell until I was looking at the tissues under the microscope, and I was shocked to see it,” he says.\u003c/p>\n\u003cp>[contextly_sidebar id=”F0CIL9dEcUFt44dGs4JwecbAsGhwWPM4″]\u003c/p>\n\u003cp>Beaver says that none of the medical records he saw suggested Agu had sickle cell trait.\u003c/p>\n\u003cp>“So, I mean I didn’t expect that at all,” says Beaver. He adds that after discovering the condition, he asked Agu’s family for medical records to learn more about the player’s sickle cell history, but he never received any.\u003c/p>\n\u003cp>Coroner’s records show that a nurse at Alta Bates who reported Agu’s death mentioned a “history of sickle cell anemia.” Beaver said that statement was nonspecific and never substantiated. Beaver says “history” could have referred to Agu or his family, and sickle cell “anemia” or “disease” is different from sickle cell trait.\u003c/p>\n\u003cp>The apparent absence of documentation of Agu’s sickle cell status is remarkable in light of \u003ca href=\"http://www.ncaa.org/health-and-safety/medical-conditions/sickle-cell-trait\">an NCAA policy that took effect in 2010\u003c/a> that acknowledges sickle cell trait’s potential danger and requires athletes to undergo sickle cell tests or submit the results of prior tests. UC Berkeley says \u003ca href=\"http://uhs.berkeley.edu/students/athletics/pdf/Sickle%20Cell%20Parent%20Letter,%20Final%20Spring%202011.pdf\">it complies\u003c/a> with the policy.\u003c/p>\n\u003cp>In the end, Beaver’s synopsis of Agu’s cause of death stated the player died of hypertrophic cardiomyopathy “based on the information available to me at this time.”\u003c/p>\n\u003cp>“If you read my comment carefully,” he says, “it’s very hesitant on the diagnosis and it leaves a lot of room for the sickle cell to become the diagnosis, given history or more information or whatever, so I agonized over each of those words.”\u003c/p>\n\u003cp>Lawyers for Agu’s family said during a press conference earlier this month that the player, a defensive star at Bakersfield’s Frontier High School, had tested positive for sickle cell trait in 2010, before he came to Cal. They say the school later confirmed that finding. The family’s suit says Agu’s status meant coaches and trainers should have been monitoring him more carefully during the tough Feb. 7 workout session and should have responded much more promptly when they realized he was in distress.\u003c/p>\n\u003cp>“He didn’t die within seconds from the onset of his symptoms,” said attorney Steven Yerrid. “A sickling athlete has very, very definitive symptomatology, it’s very well known. The problem is you have to have people watching, and you have to have people intervening, and looking out for the welfare of the student athlete.”\u003c/p>\n\u003cp>The lawsuit also alleges that Cal was negligent in hiring and supervising one of the trainers overseeing the workout that preceded Agu’s death. That’s because the trainer was also present during what the lawsuit calls a “remarkably similar” 2008 incident at the University of Central Florida, when another player with sickle cell trait died after a workout.\u003c/p>\n\u003cp>In a statement responding to the lawsuit, UC Berkeley reiterated that it follows “all recommended protocols, including those outlined by the NCAA, for all student-athletes with identified medical conditions” — including the requirement for sickle cell testing. The statement also said that the university provided all “relevant medical records — including the results of all medical testing — to the Alameda County coroner.\u003c/p>\n\u003cp>Citing the pending litigation, Cal officials would not say whether the records it provided included information on Agu’s sickle cell status.\u003c/p>\n\u003cp>\u003cstrong>How Big a Danger? And How to Respond?\u003c/strong>\u003c/p>\n\u003cp>As the case begins wending its way through Alameda County Superior Court, medical experts are divided on the magnitude of the danger posed by sickle cell trait and on the best way to respond to it.\u003c/p>\n\u003cp>“I don’t think that kids die of sickle trait,” says Dr. Frans Kuypers. He studies sickle cell trait and its impact on athletes at UCSF-Benioff Children’s Hospital Oakland.\u003c/p>\n\u003cp>“In most of the cases, the kids die of very different kind of things that have nothing to do with sickle trait,” he says.\u003c/p>\n\u003cp>Kuypers says the risk factors for problems associated with sickle cell trait, and how they vary among athletes, are not well understood or well studied. He’s partnering with UC Berkeley on a $100,000 grant from the National Football League to undertake just such a study. He hopes to find out why, for example, one athlete is more likely to have trouble playing in altitude, while another may not.\u003c/p>\n\u003cp>But other experts say there is evidence that sickle cell trait has killed athletes during workouts.\u003c/p>\n\u003cp>Dr. John Strouse is an assistant professor of pediatrics and medicine at Johns Hopkins University School of Medicine who studies and treats patients with sickle cell conditions.\u003c/p>\n\u003cp>“There have been reports from the military where they looked at military recruits undergoing basic training by their sickle cell trait status,” says Strouse, “and they had a much greater risk of having serious heat-related injury” or dying.\u003c/p>\n\u003cp>Strouse says the military opted to use “universal precautions” that apply to all recruits, regardless of sickle cell status, including proper hydration and more breaks from exercise when it’s hot.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>One medical organization, the American Society of Hematology, says that for a variety of reasons, that approach \u003ca href=\"http://www.npr.org/blogs/health/2012/01/26/145923225/blood-doctors-call-foul-on-ncaas-screening-for-sickle-cell\" target=\"_blank\" rel=\"noopener\">makes more sense\u003c/a> than the NCAA’s testing requirement. The main benefit, it says, is that the universal approach would reduce the risks that all athletes face from extreme exertion.\u003c/p>\n\n",
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"title": "Suit Spotlights Role of Sickle Cell Condition in Cal Football Player's Death | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Sara Hossaini\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_125602\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/tedagu/\" rel=\"attachment wp-att-125602\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-125602\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/02/tedagu-640x362.jpg\" alt=\"UC Berkeley football player Ted Agu, in image released today by Cal. \" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Berkeley football player Ted Agu, in image released by Cal.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163185658&color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">L\u003c/span>ast Feb. 7, Cal football player Ted Agu \u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/\">collapsed and died\u003c/a> following an off-season training drill. A walk-on defensive player who had worked hard to earn a scholarship, Agu was a popular player known as “Pre-Med Ted” for his ambition to go to medical school. His death devastated family, friends and teammates.\u003c/p>\n\u003cp>Now that tragedy is the focus of a wrongful death lawsuit by Agu’s parents, who say the university failed to take adequate precautions to respond to a potentially deadly medical condition their son had.\u003c/p>\n\u003cp>That condition, \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/traits.html\" target=\"_blank\" rel=\"noopener\">sickle cell trait\u003c/a>, is found in people who have inherited just one of the two genes that cause sickle cell disease. Sickle cell trait itself is not uncommon: It’s found in about 8 percent of the African-American population, and it’s distinct from \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/facts.html\" target=\"_blank\" rel=\"noopener\">sickle cell disease\u003c/a> that afflicts people who inherit the gene from both parents.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Agu’s family and lawyers say Cal officials knew he had sickle cell trait and should have been monitoring him more carefully.\u003c/aside>\n\u003cp>The Agu lawsuit shines a spotlight both on what Cal officials knew about the player’s sickle cell status and on a debate about what measures should be taken to protect student athletes with the condition.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dr. Thomas Beaver, Alameda County’s former chief forensic pathologist, performed the initial autopsy on Agu shortly after he died on Feb. 7. He says he observed that Agu’s heart was somewhat enlarged.\u003c/p>\n\u003cp>“It’s not what I would call a severe case, it’s not incompatible with life,” Beaver says. He adds that the discovery led him to focus on \u003ca href=\"http://www.nlm.nih.gov/medlineplus/ency/article/000192.htm\" target=\"_blank\" rel=\"noopener\">hypertrophic cardiomyopathy\u003c/a>, a condition that leads to abnormal thickening of the heart muscle, as a possible cause of death.\u003c/p>\n\u003cp>Beaver says he was told Agu suddenly collapsed during a conditioning drill and couldn’t be revived, a sequence of events that suggested a sudden cardiac event.\u003c/p>\n\u003cp>\u003cstrong>A Surprise Discovery\u003c/strong>\u003c/p>\n\u003cp>Weeks later, Beaver got slides of Agu’s heart tissue and set out to confirm his theory. It was only then that he made a surprising discovery: abnormal, “sickled” red blood cells.\u003c/p>\n\u003cp>“I didn’t discover the sickle cell until I was looking at the tissues under the microscope, and I was shocked to see it,” he says.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Beaver says that none of the medical records he saw suggested Agu had sickle cell trait.\u003c/p>\n\u003cp>“So, I mean I didn’t expect that at all,” says Beaver. He adds that after discovering the condition, he asked Agu’s family for medical records to learn more about the player’s sickle cell history, but he never received any.\u003c/p>\n\u003cp>Coroner’s records show that a nurse at Alta Bates who reported Agu’s death mentioned a “history of sickle cell anemia.” Beaver said that statement was nonspecific and never substantiated. Beaver says “history” could have referred to Agu or his family, and sickle cell “anemia” or “disease” is different from sickle cell trait.\u003c/p>\n\u003cp>The apparent absence of documentation of Agu’s sickle cell status is remarkable in light of \u003ca href=\"http://www.ncaa.org/health-and-safety/medical-conditions/sickle-cell-trait\">an NCAA policy that took effect in 2010\u003c/a> that acknowledges sickle cell trait’s potential danger and requires athletes to undergo sickle cell tests or submit the results of prior tests. UC Berkeley says \u003ca href=\"http://uhs.berkeley.edu/students/athletics/pdf/Sickle%20Cell%20Parent%20Letter,%20Final%20Spring%202011.pdf\">it complies\u003c/a> with the policy.\u003c/p>\n\u003cp>In the end, Beaver’s synopsis of Agu’s cause of death stated the player died of hypertrophic cardiomyopathy “based on the information available to me at this time.”\u003c/p>\n\u003cp>“If you read my comment carefully,” he says, “it’s very hesitant on the diagnosis and it leaves a lot of room for the sickle cell to become the diagnosis, given history or more information or whatever, so I agonized over each of those words.”\u003c/p>\n\u003cp>Lawyers for Agu’s family said during a press conference earlier this month that the player, a defensive star at Bakersfield’s Frontier High School, had tested positive for sickle cell trait in 2010, before he came to Cal. They say the school later confirmed that finding. The family’s suit says Agu’s status meant coaches and trainers should have been monitoring him more carefully during the tough Feb. 7 workout session and should have responded much more promptly when they realized he was in distress.\u003c/p>\n\u003cp>“He didn’t die within seconds from the onset of his symptoms,” said attorney Steven Yerrid. “A sickling athlete has very, very definitive symptomatology, it’s very well known. The problem is you have to have people watching, and you have to have people intervening, and looking out for the welfare of the student athlete.”\u003c/p>\n\u003cp>The lawsuit also alleges that Cal was negligent in hiring and supervising one of the trainers overseeing the workout that preceded Agu’s death. That’s because the trainer was also present during what the lawsuit calls a “remarkably similar” 2008 incident at the University of Central Florida, when another player with sickle cell trait died after a workout.\u003c/p>\n\u003cp>In a statement responding to the lawsuit, UC Berkeley reiterated that it follows “all recommended protocols, including those outlined by the NCAA, for all student-athletes with identified medical conditions” — including the requirement for sickle cell testing. The statement also said that the university provided all “relevant medical records — including the results of all medical testing — to the Alameda County coroner.\u003c/p>\n\u003cp>Citing the pending litigation, Cal officials would not say whether the records it provided included information on Agu’s sickle cell status.\u003c/p>\n\u003cp>\u003cstrong>How Big a Danger? And How to Respond?\u003c/strong>\u003c/p>\n\u003cp>As the case begins wending its way through Alameda County Superior Court, medical experts are divided on the magnitude of the danger posed by sickle cell trait and on the best way to respond to it.\u003c/p>\n\u003cp>“I don’t think that kids die of sickle trait,” says Dr. Frans Kuypers. He studies sickle cell trait and its impact on athletes at UCSF-Benioff Children’s Hospital Oakland.\u003c/p>\n\u003cp>“In most of the cases, the kids die of very different kind of things that have nothing to do with sickle trait,” he says.\u003c/p>\n\u003cp>Kuypers says the risk factors for problems associated with sickle cell trait, and how they vary among athletes, are not well understood or well studied. He’s partnering with UC Berkeley on a $100,000 grant from the National Football League to undertake just such a study. He hopes to find out why, for example, one athlete is more likely to have trouble playing in altitude, while another may not.\u003c/p>\n\u003cp>But other experts say there is evidence that sickle cell trait has killed athletes during workouts.\u003c/p>\n\u003cp>Dr. John Strouse is an assistant professor of pediatrics and medicine at Johns Hopkins University School of Medicine who studies and treats patients with sickle cell conditions.\u003c/p>\n\u003cp>“There have been reports from the military where they looked at military recruits undergoing basic training by their sickle cell trait status,” says Strouse, “and they had a much greater risk of having serious heat-related injury” or dying.\u003c/p>\n\u003cp>Strouse says the military opted to use “universal precautions” that apply to all recruits, regardless of sickle cell status, including proper hydration and more breaks from exercise when it’s hot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One medical organization, the American Society of Hematology, says that for a variety of reasons, that approach \u003ca href=\"http://www.npr.org/blogs/health/2012/01/26/145923225/blood-doctors-call-foul-on-ncaas-screening-for-sickle-cell\" target=\"_blank\" rel=\"noopener\">makes more sense\u003c/a> than the NCAA’s testing requirement. The main benefit, it says, is that the universal approach would reduce the risks that all athletes face from extreme exertion.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "san-joses-case-against-major-league-baseball-gets-another-day-in-court",
"title": "San Jose's Case Against Major League Baseball Gets Another Day in Court",
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"headTitle": "San Jose’s Case Against Major League Baseball Gets Another Day in Court | KQED",
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"content": "\u003cfigure id=\"attachment_144600\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-144600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o-640x480.jpg\" alt=\"(Matt McGee/Flickr)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Matt McGee/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is hearing arguments Tuesday on \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000720\" target=\"_blank\" rel=\"noopener\">City of San Jose v. Commissioner of Baseball\u003c/a> — or rather, on a key part of the city’s case that focuses on Major League Baseball’s exemption from federal antitrust law.\u003c/p>\n\u003cp>San Jose officials filed the suit last year in an attempt to force major league owners to let the Oakland A’s relocate to the South Bay. That move has been blocked for five years by the San Francisco Giants, the franchise that holds baseball’s territorial rights to San Jose and the rest of Santa Clara County.\u003c/p>\n\u003cp>Today’s action is an appeal of a lower court’s \u003ca href=\"http://www.mercurynews.com/ci_24290747/judge-dismisses-san-jose-antitrust-claims-against-mlb\" target=\"_blank\" rel=\"noopener\">dismissal of most of San Jose’s case\u003c/a>. A three-judge panel will hear about 20 minutes of oral argument from each side. The judges aren’t expected to issue a ruling until sometime this fall, and either side might appeal their decision to the U.S. Supreme Court. Tuesday’s proceedings will be streamed live \u003ca href=\"http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006503\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cp>In advance of the hearing, I spoke with Nathaniel Grow, a law professor at the University of Georgia who specializes in sports law and has written \u003ca href=\"http://www.press.uillinois.edu/books/catalog/56snn7zy9780252038198.html\" target=\"_blank\" rel=\"noopener\">a book\u003c/a> on the \u003ca href=\"http://supreme.justia.com/cases/federal/us/259/200/case.html\" target=\"_blank\" rel=\"noopener\">1922 Supreme Court ruling\u003c/a> that has protected the major leagues from antitrust actions in the past. Grow says the law is not on San Jose’s side.\u003c/p>\n\u003cp>“You’ve got not only three Supreme Court decisions that are binding precedents, but the 9th Circuit has their own binding precedent from the 1970s, saying that this very same issue, relocation of franchises, is covered by baseball’s antitrust exemption. San Jose has to get out of that and come up with some way to convince the judges on the 9th Circuit to ignore all that and rule in their favor. Whereas Major League Baseball’s case is much cleaner. All they have to do is say, ‘Look, this is what the law is, this is how it applies’ — there really isn’t a lot of discretion for the appellate court to exercise its judgment here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Grow says the last time that Major League Baseball’s antitrust exemption came before the Supreme Court was in the 1970s.\u003c/p>\n\u003cp>“And there the Supreme Court said, ‘You know, Congress has known about this for 50 years at this point. They’ve thought about acting, they’ve never acted, so it’s not our place to touch it now. That would be unfair to Major League Baseball to reverse this protection that they’ve been relying on for five decades.’ And I think if this case were to get to the Supreme Court level, that’d be the argument — 40 years later, is it even less fair to MLB to act, or is Congress being so negligent that it’s time for the court to step in?”\u003c/p>\n\u003cp>Grow rates San Jose’s chances of succeeding at the 9th Circuit at less than 10 percent, and he thinks the high court would probably decline to hear an appeal:\u003c/p>\n\u003cp>“But if the Supreme Court does take the case, then I think that’s a really bad sign for Major League Baseball. I don’t see the court wading into this highly contentious, controversial issue for a fourth time only to issue what is sure to be a highly criticized opinion affirming baseball’s antitrust exemption. So, if the Supreme Court agrees to take the case, San Jose would likely win one way or another, either through a settlement or a judicial decision.”\u003c/p>\n\u003cp>I asked Grow if San Jose’s argument — that the A’s want to move, and only MLB’s intransigence is stopping them — was damaged when the A’s owners \u003ca href=\"http://ww2.kqed.org/news/2014/08/06/Coliseum-board-approves-10-year-deal-with-oakland-athletics/\" target=\"_blank\" rel=\"noopener\">signed a 10-year lease extension at the Oakland Coliseum last week\u003c/a> and said they’re talking with architects and \u003ca href=\"http://www.mercurynews.com/ci_26287681/approach-architect-oakland-ballpark\" target=\"_blank\" rel=\"noopener\">looking at sites for a new ballpark in Oakland\u003c/a>.\u003c/p>\n\u003cp>He says it certainly doesn’t help, in part because it casts doubt on San Jose’s standing to bring a suit — since they can’t claim damages for losing a baseball team that they might have never had:\u003c/p>\n\u003cp>“In the past, courts have often said unless a team is 100 percent contractually committed to moving, there is no case yet. And that would be the worst possible outcome for San Jose — for the 9th Circuit to rule that there’s no standing here. If the 9th Circuit affirms the dismissal on ‘no standing’ grounds, there’s very, very, very little chance the Supreme Court would review that.”\u003c/p>\n\u003cp>Given that the court won’t be ruling for a few months, I asked Grow what clues might we get from the oral arguments? He cautioned against trying to read too much into questions from the bench:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Especially here, where the city faces such a strong uphill climb to get over those Supreme Court precedents. The judges will undoubtedly ask some pointed questions of Major League Baseball, because they have to treat both sides a little critically in order to be fair. But if you started to get the sense that at least two of the three judges are willing to disregard precedent — or if they start to suggest the precedents are so outdated that it isn’t binding any more — that’s the type of language that might get San Jose a victory here. It’s much more likely, though, that the judges are critical of San Jose’s case, and that indicates they’re likely to rule for Major League Baseball.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_144600\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-144600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o-640x480.jpg\" alt=\"(Matt McGee/Flickr)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Matt McGee/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is hearing arguments Tuesday on \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000720\" target=\"_blank\" rel=\"noopener\">City of San Jose v. Commissioner of Baseball\u003c/a> — or rather, on a key part of the city’s case that focuses on Major League Baseball’s exemption from federal antitrust law.\u003c/p>\n\u003cp>San Jose officials filed the suit last year in an attempt to force major league owners to let the Oakland A’s relocate to the South Bay. That move has been blocked for five years by the San Francisco Giants, the franchise that holds baseball’s territorial rights to San Jose and the rest of Santa Clara County.\u003c/p>\n\u003cp>Today’s action is an appeal of a lower court’s \u003ca href=\"http://www.mercurynews.com/ci_24290747/judge-dismisses-san-jose-antitrust-claims-against-mlb\" target=\"_blank\" rel=\"noopener\">dismissal of most of San Jose’s case\u003c/a>. A three-judge panel will hear about 20 minutes of oral argument from each side. The judges aren’t expected to issue a ruling until sometime this fall, and either side might appeal their decision to the U.S. Supreme Court. Tuesday’s proceedings will be streamed live \u003ca href=\"http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006503\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cp>In advance of the hearing, I spoke with Nathaniel Grow, a law professor at the University of Georgia who specializes in sports law and has written \u003ca href=\"http://www.press.uillinois.edu/books/catalog/56snn7zy9780252038198.html\" target=\"_blank\" rel=\"noopener\">a book\u003c/a> on the \u003ca href=\"http://supreme.justia.com/cases/federal/us/259/200/case.html\" target=\"_blank\" rel=\"noopener\">1922 Supreme Court ruling\u003c/a> that has protected the major leagues from antitrust actions in the past. Grow says the law is not on San Jose’s side.\u003c/p>\n\u003cp>“You’ve got not only three Supreme Court decisions that are binding precedents, but the 9th Circuit has their own binding precedent from the 1970s, saying that this very same issue, relocation of franchises, is covered by baseball’s antitrust exemption. San Jose has to get out of that and come up with some way to convince the judges on the 9th Circuit to ignore all that and rule in their favor. Whereas Major League Baseball’s case is much cleaner. All they have to do is say, ‘Look, this is what the law is, this is how it applies’ — there really isn’t a lot of discretion for the appellate court to exercise its judgment here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Grow says the last time that Major League Baseball’s antitrust exemption came before the Supreme Court was in the 1970s.\u003c/p>\n\u003cp>“And there the Supreme Court said, ‘You know, Congress has known about this for 50 years at this point. They’ve thought about acting, they’ve never acted, so it’s not our place to touch it now. That would be unfair to Major League Baseball to reverse this protection that they’ve been relying on for five decades.’ And I think if this case were to get to the Supreme Court level, that’d be the argument — 40 years later, is it even less fair to MLB to act, or is Congress being so negligent that it’s time for the court to step in?”\u003c/p>\n\u003cp>Grow rates San Jose’s chances of succeeding at the 9th Circuit at less than 10 percent, and he thinks the high court would probably decline to hear an appeal:\u003c/p>\n\u003cp>“But if the Supreme Court does take the case, then I think that’s a really bad sign for Major League Baseball. I don’t see the court wading into this highly contentious, controversial issue for a fourth time only to issue what is sure to be a highly criticized opinion affirming baseball’s antitrust exemption. So, if the Supreme Court agrees to take the case, San Jose would likely win one way or another, either through a settlement or a judicial decision.”\u003c/p>\n\u003cp>I asked Grow if San Jose’s argument — that the A’s want to move, and only MLB’s intransigence is stopping them — was damaged when the A’s owners \u003ca href=\"http://ww2.kqed.org/news/2014/08/06/Coliseum-board-approves-10-year-deal-with-oakland-athletics/\" target=\"_blank\" rel=\"noopener\">signed a 10-year lease extension at the Oakland Coliseum last week\u003c/a> and said they’re talking with architects and \u003ca href=\"http://www.mercurynews.com/ci_26287681/approach-architect-oakland-ballpark\" target=\"_blank\" rel=\"noopener\">looking at sites for a new ballpark in Oakland\u003c/a>.\u003c/p>\n\u003cp>He says it certainly doesn’t help, in part because it casts doubt on San Jose’s standing to bring a suit — since they can’t claim damages for losing a baseball team that they might have never had:\u003c/p>\n\u003cp>“In the past, courts have often said unless a team is 100 percent contractually committed to moving, there is no case yet. And that would be the worst possible outcome for San Jose — for the 9th Circuit to rule that there’s no standing here. If the 9th Circuit affirms the dismissal on ‘no standing’ grounds, there’s very, very, very little chance the Supreme Court would review that.”\u003c/p>\n\u003cp>Given that the court won’t be ruling for a few months, I asked Grow what clues might we get from the oral arguments? He cautioned against trying to read too much into questions from the bench:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Especially here, where the city faces such a strong uphill climb to get over those Supreme Court precedents. The judges will undoubtedly ask some pointed questions of Major League Baseball, because they have to treat both sides a little critically in order to be fair. But if you started to get the sense that at least two of the three judges are willing to disregard precedent — or if they start to suggest the precedents are so outdated that it isn’t binding any more — that’s the type of language that might get San Jose a victory here. It’s much more likely, though, that the judges are critical of San Jose’s case, and that indicates they’re likely to rule for Major League Baseball.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "New Classes Aim to Help Paroled 'Lifer' Inmates After Release",
"title": "New Classes Aim to Help Paroled 'Lifer' Inmates After Release",
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"content": "\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/162338268\" params=\"color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height='20' iframe=\"true\" /]\u003c/p>\n\u003cfigure id=\"attachment_144411\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-144411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass1.jpg\" alt=\"Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A profound change is underway in California's criminal justice system.\u003c/p>\n\u003cp>Inmates serving life sentences with the possibility of parole are being released in record numbers. Since 2009, nearly 2,300 lifers have been paroled. That's more than three times the number paroled in the previous 17 years \u003cem>combined\u003c/em>.\u003c/p>\n\u003cp>Gov. Jerry Brown's office insists it has nothing to do with the state's prison overcrowding issue. Instead, he says, it's being driven by recent court rulings that make it harder to deny parole if inmates are no longer considered a risk to public safety.\u003c/p>\n\u003cp>Now, for the first time, the California Department of Corrections and Rehabilitation (CDCR) is offering classes aimed directly at lifers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On a recent weekday morning at Solano State Prison in Vacaville, inmates lined up to receive certificates. They had just completed classes that help them understand how they ended up here. The special guest is not a typical graduation speaker. Instead, they hear from Teresa Courtemanche. Six years ago, her son, Matt, who was on the Fairfield City Council, was shot and killed. He was 22 -- a victim of mistaken identity. She recalls that night when her home phone rang.\u003c/p>\n\u003cp>“It was my friend Terri and she said, ‘I think Matt got shot,’ ” Courtemanche remembers. “ ’What?' ‘I think he got shot.' I said, 'OK, let me go. Let me call his phone.’ And I kept calling his phone and he didn’t answer.”\u003c/p>\n\u003cfigure id=\"attachment_144420\" class=\"wp-caption alignright\" style=\"max-width: 310px\">\u003cimg class=\" wp-image-144420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/JamesWard.jpg\" alt=\"Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\" width=\"310\" height=\"326\">\u003cfigcaption class=\"wp-caption-text\">Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>She goes on to describe through tears how the murder tore through her family -- and still does. The audience, 40 or so lifers, sits quietly, many of them nodding slowly as she speaks. It's one of the ways inmates hear about the impact that crime has on their victims and their families. Afterward, one of the inmates, James Ward, speaks passionately about the unfairness of violent crime.\u003c/p>\n\u003cp>“When I hear us complaining about how unfair we are treated -- you want to see how unfairness is?” Ward says, pounding the podium for emphasis. “Look at \u003cem>her \u003c/em>experience. When we talk about, 'Oh, the police didn't let me out on the yard or came to search my house.' How messed up that is. That is not unfair!”\u003c/p>\n\u003cp>Ward has spent half his life in prison after stabbing his ex-girlfriend to death over 30 years ago. After being turned down for parole five times, he was finally found suitable earlier this year. Standing in a prison courtyard, Ward says unless that his parole is reversed by the governor, he'll leave Solano Prison Nov. 5.\u003c/p>\n\u003cp>“I have mixed feelings about it, actually,” he confides. “There’s the elation of being found suitable but then the sobering realization of what this has cost -- in my girlfriend’s life and her relatives' lives and my family’s lives. So, the impact is widespread, so I can’t be too celebratory.”\u003c/p>\n\u003cp>A couple years ago, Ward was trained to be a drug and alcohol counselor at Solano, as well as a mentor for other inmates.\u003c/p>\n\u003cp>“Doing this work is part of that making amends in a kind of indirect way to my victims,” Ward says. “But there’s more that I think I could do out of the confines of this limiting environment.”\u003c/p>\n\u003cp>Programs like these are part of a different approach that Gov. Brown has brought to criminal justice. For the first time in decades, inmate rehabilitation is a funding priority. The inmates learn things like anger management, what leads to criminal thinking, the impact crime has on victims and how to reconcile with their own family members if they're released.\u003c/p>\n\u003cp>Rodger Meier, deputy director for rehabilitation with CDCR, says the goal is “to try to make sure that they are suitable for parole, that they don’t impact public safety, and they can successfully go out into society and lead a productive life.”\u003c/p>\n\u003cfigure id=\"attachment_144418\" class=\"wp-caption alignleft\" style=\"max-width: 407px\">\u003cimg class=\"wp-image-144418\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass2.jpg\" alt=\"Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\" width=\"407\" height=\"252\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly half of Solano's 3,300 inmates are lifers, and many will eventually be paroled. And the hope is that programs like these will help them make better decisions than they did before they were sent here.\u003c/p>\n\u003cp>Cynthia Florez-DeLyon, with the CDCR’s Office of Victim Services, says crime victims and their families also benefit when inmates express genuine remorse at parole hearings.\u003c/p>\n\u003cp>“It’s about responsibility and accountability,” says Florez-DeLyon. “And in order for them to internalize and make changes in their lives, they need to understand the impact that they’ve caused as a result of committing a very serious crime that bought them to prison, as well as the impact it had to themselves, to the community and to their families.”\u003c/p>\n\u003cp>I point out that not all crime victims want to see these inmates released.\u003c/p>\n\u003cp>“They may be forgiving, they may be very angry and they want to hold onto that anger and that's OK,” she says. “It's a personal experience that we cannot dictate for victims.\"\u003c/p>\n\u003cp>Talking with these lifers can scramble your stereotypes -- the images you have of a brutal murderer. Like Jose Hernandez. Twenty-one years ago, he went to his ex-girlfriend's home south of San Francisco and strangled her to death with a television cable. He then wrote a suicide note to make it look like she killed herself. He was convicted of second-degree murder.\u003c/p>\n\u003cp>“It’s like the biggest desire to undo the past,” he says. “And that powerlessness to undo the past just motivates me to change now. Change today because I know if I change today, I’m going to change the future.”\u003c/p>\n\u003cp>Today Hernandez leads classes at Solano, helping fellow inmates understand their drug and alcohol addictions. He is thoughtful, articulate and seems genuinely, deeply sorry for what he did -- with insight into why he turned so brutally violent.\u003c/p>\n\u003cp>“For me it was when I was abandoned by my mom about 5 years old and left in the hands of an abuser,” Hernandez says. “I was hurt, I felt worthless and rejected. But that’s where the cycle started.”\u003c/p>\n\u003cp>Last year the Parole Board found Hernandez suitable for release. But Brown reversed it, one of 100 parole recommendations he blocked in 2013, saying he worried Hernandez was still a risk to public safety.\u003c/p>\n\u003cp>A Stanford University study found that less than 1 percent of paroled lifers commit another serious felony. Still, some critics wonder whether all these programs inside prison just teach lifers what to do and say in order to win their release. One crime victim who feels they're essentially being coached on what to tell the parole board is Brigit Fitting Nevin.\u003c/p>\n\u003cp>In 1990, when she was 12, her father, Timothy Fitting, was killed by an employee who struck him in the head with a wrench two dozen times. His murderer has been in prison for 24 years. She says the thought of her father's killer getting out frightens her.\u003c/p>\n\u003cfigure id=\"attachment_144426\" class=\"wp-caption alignright\" style=\"max-width: 364px\">\u003cimg class=\" wp-image-144426\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RecoveryClass.jpg\" alt=\"Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\" width=\"364\" height=\"209\">\u003cfigcaption class=\"wp-caption-text\">Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“There was always this comfort that I had,” Nevin says, fighting back tears. “You know as a child, knowing that even this bad thing occurred, that this person was in jail and that you know I was protected from that and others were protected from that. With them suggesting that he is suitable for parole, that’s been taken away from me.\"\u003c/p>\n\u003cp>In June her father's killer was found suitable for parole. Nevin will urge the governor to block it.\u003c/p>\n\u003cp>David Hillary appreciates \u003cem>his\u003c/em> freedom every day. After serving 18 years in prison for second-degree murder, Hillary was released two years ago. Today he counsels other former lifers.\u003c/p>\n\u003cp>“The most that I could ask for is just have some compassion because I don't necessarily believe I have the \u003cem>right \u003c/em>to a second chance” Hillary says. “If you see my actions are indicative of a different person, have some compassion.\"\u003c/p>\n\u003cp>\u003cem> \u003c/em>With some 26,000 lifers still in prison, the state plans to expand its programs behind bars to help more of them become eligible for parole.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/author/mlam\" target=\"_blank\">Monica Lam\u003c/a> contributed to this report.\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/162338268&visual=true&color=ff5500&inverse=false&auto_play=false&show_user=true'\n title='https://api.soundcloud.com/tracks/162338268'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cfigure id=\"attachment_144411\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-144411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass1.jpg\" alt=\"Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A profound change is underway in California's criminal justice system.\u003c/p>\n\u003cp>Inmates serving life sentences with the possibility of parole are being released in record numbers. Since 2009, nearly 2,300 lifers have been paroled. That's more than three times the number paroled in the previous 17 years \u003cem>combined\u003c/em>.\u003c/p>\n\u003cp>Gov. Jerry Brown's office insists it has nothing to do with the state's prison overcrowding issue. Instead, he says, it's being driven by recent court rulings that make it harder to deny parole if inmates are no longer considered a risk to public safety.\u003c/p>\n\u003cp>Now, for the first time, the California Department of Corrections and Rehabilitation (CDCR) is offering classes aimed directly at lifers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On a recent weekday morning at Solano State Prison in Vacaville, inmates lined up to receive certificates. They had just completed classes that help them understand how they ended up here. The special guest is not a typical graduation speaker. Instead, they hear from Teresa Courtemanche. Six years ago, her son, Matt, who was on the Fairfield City Council, was shot and killed. He was 22 -- a victim of mistaken identity. She recalls that night when her home phone rang.\u003c/p>\n\u003cp>“It was my friend Terri and she said, ‘I think Matt got shot,’ ” Courtemanche remembers. “ ’What?' ‘I think he got shot.' I said, 'OK, let me go. Let me call his phone.’ And I kept calling his phone and he didn’t answer.”\u003c/p>\n\u003cfigure id=\"attachment_144420\" class=\"wp-caption alignright\" style=\"max-width: 310px\">\u003cimg class=\" wp-image-144420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/JamesWard.jpg\" alt=\"Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\" width=\"310\" height=\"326\">\u003cfigcaption class=\"wp-caption-text\">Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>She goes on to describe through tears how the murder tore through her family -- and still does. The audience, 40 or so lifers, sits quietly, many of them nodding slowly as she speaks. It's one of the ways inmates hear about the impact that crime has on their victims and their families. Afterward, one of the inmates, James Ward, speaks passionately about the unfairness of violent crime.\u003c/p>\n\u003cp>“When I hear us complaining about how unfair we are treated -- you want to see how unfairness is?” Ward says, pounding the podium for emphasis. “Look at \u003cem>her \u003c/em>experience. When we talk about, 'Oh, the police didn't let me out on the yard or came to search my house.' How messed up that is. That is not unfair!”\u003c/p>\n\u003cp>Ward has spent half his life in prison after stabbing his ex-girlfriend to death over 30 years ago. After being turned down for parole five times, he was finally found suitable earlier this year. Standing in a prison courtyard, Ward says unless that his parole is reversed by the governor, he'll leave Solano Prison Nov. 5.\u003c/p>\n\u003cp>“I have mixed feelings about it, actually,” he confides. “There’s the elation of being found suitable but then the sobering realization of what this has cost -- in my girlfriend’s life and her relatives' lives and my family’s lives. So, the impact is widespread, so I can’t be too celebratory.”\u003c/p>\n\u003cp>A couple years ago, Ward was trained to be a drug and alcohol counselor at Solano, as well as a mentor for other inmates.\u003c/p>\n\u003cp>“Doing this work is part of that making amends in a kind of indirect way to my victims,” Ward says. “But there’s more that I think I could do out of the confines of this limiting environment.”\u003c/p>\n\u003cp>Programs like these are part of a different approach that Gov. Brown has brought to criminal justice. For the first time in decades, inmate rehabilitation is a funding priority. The inmates learn things like anger management, what leads to criminal thinking, the impact crime has on victims and how to reconcile with their own family members if they're released.\u003c/p>\n\u003cp>Rodger Meier, deputy director for rehabilitation with CDCR, says the goal is “to try to make sure that they are suitable for parole, that they don’t impact public safety, and they can successfully go out into society and lead a productive life.”\u003c/p>\n\u003cfigure id=\"attachment_144418\" class=\"wp-caption alignleft\" style=\"max-width: 407px\">\u003cimg class=\"wp-image-144418\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass2.jpg\" alt=\"Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\" width=\"407\" height=\"252\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly half of Solano's 3,300 inmates are lifers, and many will eventually be paroled. And the hope is that programs like these will help them make better decisions than they did before they were sent here.\u003c/p>\n\u003cp>Cynthia Florez-DeLyon, with the CDCR’s Office of Victim Services, says crime victims and their families also benefit when inmates express genuine remorse at parole hearings.\u003c/p>\n\u003cp>“It’s about responsibility and accountability,” says Florez-DeLyon. “And in order for them to internalize and make changes in their lives, they need to understand the impact that they’ve caused as a result of committing a very serious crime that bought them to prison, as well as the impact it had to themselves, to the community and to their families.”\u003c/p>\n\u003cp>I point out that not all crime victims want to see these inmates released.\u003c/p>\n\u003cp>“They may be forgiving, they may be very angry and they want to hold onto that anger and that's OK,” she says. “It's a personal experience that we cannot dictate for victims.\"\u003c/p>\n\u003cp>Talking with these lifers can scramble your stereotypes -- the images you have of a brutal murderer. Like Jose Hernandez. Twenty-one years ago, he went to his ex-girlfriend's home south of San Francisco and strangled her to death with a television cable. He then wrote a suicide note to make it look like she killed herself. He was convicted of second-degree murder.\u003c/p>\n\u003cp>“It’s like the biggest desire to undo the past,” he says. “And that powerlessness to undo the past just motivates me to change now. Change today because I know if I change today, I’m going to change the future.”\u003c/p>\n\u003cp>Today Hernandez leads classes at Solano, helping fellow inmates understand their drug and alcohol addictions. He is thoughtful, articulate and seems genuinely, deeply sorry for what he did -- with insight into why he turned so brutally violent.\u003c/p>\n\u003cp>“For me it was when I was abandoned by my mom about 5 years old and left in the hands of an abuser,” Hernandez says. “I was hurt, I felt worthless and rejected. But that’s where the cycle started.”\u003c/p>\n\u003cp>Last year the Parole Board found Hernandez suitable for release. But Brown reversed it, one of 100 parole recommendations he blocked in 2013, saying he worried Hernandez was still a risk to public safety.\u003c/p>\n\u003cp>A Stanford University study found that less than 1 percent of paroled lifers commit another serious felony. Still, some critics wonder whether all these programs inside prison just teach lifers what to do and say in order to win their release. One crime victim who feels they're essentially being coached on what to tell the parole board is Brigit Fitting Nevin.\u003c/p>\n\u003cp>In 1990, when she was 12, her father, Timothy Fitting, was killed by an employee who struck him in the head with a wrench two dozen times. His murderer has been in prison for 24 years. She says the thought of her father's killer getting out frightens her.\u003c/p>\n\u003cfigure id=\"attachment_144426\" class=\"wp-caption alignright\" style=\"max-width: 364px\">\u003cimg class=\" wp-image-144426\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RecoveryClass.jpg\" alt=\"Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\" width=\"364\" height=\"209\">\u003cfigcaption class=\"wp-caption-text\">Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“There was always this comfort that I had,” Nevin says, fighting back tears. “You know as a child, knowing that even this bad thing occurred, that this person was in jail and that you know I was protected from that and others were protected from that. With them suggesting that he is suitable for parole, that’s been taken away from me.\"\u003c/p>\n\u003cp>In June her father's killer was found suitable for parole. Nevin will urge the governor to block it.\u003c/p>\n\u003cp>David Hillary appreciates \u003cem>his\u003c/em> freedom every day. After serving 18 years in prison for second-degree murder, Hillary was released two years ago. Today he counsels other former lifers.\u003c/p>\n\u003cp>“The most that I could ask for is just have some compassion because I don't necessarily believe I have the \u003cem>right \u003c/em>to a second chance” Hillary says. “If you see my actions are indicative of a different person, have some compassion.\"\u003c/p>\n\u003cp>\u003cem> \u003c/em>With some 26,000 lifers still in prison, the state plans to expand its programs behind bars to help more of them become eligible for parole.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_136776\" class=\"wp-caption aligncenter\" style=\"max-width: 635px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\">\u003cimg class=\"size-full wp-image-136776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\" alt=\"Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road. \" width=\"635\" height=\"350\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road.\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas Police Chief Kelly McMillin said the department has \"nothing to hide\" after civil rights lawyer John Burris called for a federal investigation into the department,\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2014/07/30/after-four-fatal-shootings-by-salinas-police-lawyer-asks-for-justice-dept-inquiry/\">Earlier this week\u003c/a>, the Oakland attorney asked the U.S. Department of Justice to review the Salinas Police Department, prompted by four fatal officer-involved shootings since late March. All four men killed were Latino.\u003c/p>\n\u003cp>McMillin said the department is not racist and is not intentionally biased.\u003c/p>\n\u003cp>\"We weren't racially profiling anyone. We were responding in every case to calls for service because of the actions of these individuals,\" he said. \"We did not seek them out. They identified themselves by acting violently and frightening, terrorizing the people around them.\"\u003c/p>\n\u003cp>McMillin said any federal review of the department would be premature because the investigations into the shootings are not finished.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The overwhelming number of victims and suspects in violent crimes in Salinas are Latino. And I'm talking about high 90s in each category,\" he said, referring to a February police report to the City Council that broke down crime statistics in Salinas.\u003c/p>\n\u003cp>That report said 91 percent of homicide victims in Salinas were Latino, as were 82 percent of homicide suspects.\u003c/p>\n\u003cp>\" That's not because they are Latino, but because they come from underserved, undereducated, impoverished and, frankly, communities where there's not a lot of hope and opportunity. Because that's where we know that crime and violent crime in particular tends to cluster.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On Tuesday, Burris called the four shootings \"uncalled for, questionable and alarming.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_136776\" class=\"wp-caption aligncenter\" style=\"max-width: 635px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\">\u003cimg class=\"size-full wp-image-136776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\" alt=\"Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road. \" width=\"635\" height=\"350\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road.\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas Police Chief Kelly McMillin said the department has \"nothing to hide\" after civil rights lawyer John Burris called for a federal investigation into the department,\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2014/07/30/after-four-fatal-shootings-by-salinas-police-lawyer-asks-for-justice-dept-inquiry/\">Earlier this week\u003c/a>, the Oakland attorney asked the U.S. Department of Justice to review the Salinas Police Department, prompted by four fatal officer-involved shootings since late March. All four men killed were Latino.\u003c/p>\n\u003cp>McMillin said the department is not racist and is not intentionally biased.\u003c/p>\n\u003cp>\"We weren't racially profiling anyone. We were responding in every case to calls for service because of the actions of these individuals,\" he said. \"We did not seek them out. They identified themselves by acting violently and frightening, terrorizing the people around them.\"\u003c/p>\n\u003cp>McMillin said any federal review of the department would be premature because the investigations into the shootings are not finished.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The overwhelming number of victims and suspects in violent crimes in Salinas are Latino. And I'm talking about high 90s in each category,\" he said, referring to a February police report to the City Council that broke down crime statistics in Salinas.\u003c/p>\n\u003cp>That report said 91 percent of homicide victims in Salinas were Latino, as were 82 percent of homicide suspects.\u003c/p>\n\u003cp>\" That's not because they are Latino, but because they come from underserved, undereducated, impoverished and, frankly, communities where there's not a lot of hope and opportunity. Because that's where we know that crime and violent crime in particular tends to cluster.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On Tuesday, Burris called the four shootings \"uncalled for, questionable and alarming.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "State Appeals Court Delivers Win For High-Speed Rail",
"title": "State Appeals Court Delivers Win For High-Speed Rail",
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"content": "\u003cfigure id=\"attachment_143552\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr.jpg\">\u003cimg class=\"size-medium wp-image-143552\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr-640x366.jpg\" alt=\"Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\" width=\"640\" height=\"366\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\u003c/figcaption>\u003c/figure>\n\u003cp>A state appeals court has delivered a much-needed win for California’s controversial $68 billion High-Speed Rail project.\u003c/p>\n\u003cp>\u003ca href=\"http://www.courts.ca.gov/opinions/documents/C075668.PDF\">In a Thursday evening ruling\u003c/a>, California’s 3\u003csup>rd\u003c/sup> Court of Appeals overturned \u003ca href=\"http://www.reuters.com/article/2013/11/26/us-california-highspeedrail-idUSBRE9AP02520131126\">two November 2013 decisions by a Sacramento judge\u003c/a> blocking the project from tapping into $8 billion in state bond money, and throwing out the proposed San Francisco-to-Los Angeles rail line’s business plan.\u003c/p>\n\u003cp>“Contrary to the trial court's determination, the High-Speed Passenger Train Finance Committee properly found that issuance of bonds for the project was necessary or desirable,” the court ruled, ordering Judge Michael Kenny to validate bond sales financing the project’s initial construction phase.\u003c/p>\n\u003cp>“Without a validation the state could not go to the financial markets to sell the bonds that were approved by the voters (in 2008),” said Brown Administration spokesman H.D. Palmer. “Absent an appeal to the (state) Supreme Court, the 3\u003csup>rd\u003c/sup> District Court of Appeal has now given the state the green light to go forward and sell those bonds.”\u003c/p>\n\u003cp>It’s unclear at this time whether rail opponents will appeal the decision. “I’ve got to talk to my clients, but I suspect they may well appeal it,” said Stuart Flashman, who represents Kings County and others who challenged the project’s legal authority. “Obviously we’re very disappointed. …This ruling, I’m afraid, lets (the rail project) slide on forward.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Governor Jerry Brown has made the rail project a top priority, despite growing concerns from lawmakers in both parties – but primarily Republicans – about the project’s growing cost and feasibility. \u003ca href=\"http://www.sacbee.com/2014/06/12/6480411/budget-deal-spends-cap-and-trade.html\">This year’s state budget allocated $250 million\u003c/a> in cap-and-trade auction revenue for the rail project.\u003c/p>\n\u003cp>Read the full ruling 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\">\n\u003c/p>\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 California High-Speed Rail Appeal Court Ruling on Scribd\" href=\"http://www.scribd.com/doc/235582454/California-High-Speed-Rail-Appeal-Court-Ruling\">California High-Speed Rail Appeal Court Ruling\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_28795\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235582454/content?start_page=1&view_mode=scroll&access_key=key-gTwD2wbxcpECyaYSbO5p&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_143552\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr.jpg\">\u003cimg class=\"size-medium wp-image-143552\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr-640x366.jpg\" alt=\"Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\" width=\"640\" height=\"366\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\u003c/figcaption>\u003c/figure>\n\u003cp>A state appeals court has delivered a much-needed win for California’s controversial $68 billion High-Speed Rail project.\u003c/p>\n\u003cp>\u003ca href=\"http://www.courts.ca.gov/opinions/documents/C075668.PDF\">In a Thursday evening ruling\u003c/a>, California’s 3\u003csup>rd\u003c/sup> Court of Appeals overturned \u003ca href=\"http://www.reuters.com/article/2013/11/26/us-california-highspeedrail-idUSBRE9AP02520131126\">two November 2013 decisions by a Sacramento judge\u003c/a> blocking the project from tapping into $8 billion in state bond money, and throwing out the proposed San Francisco-to-Los Angeles rail line’s business plan.\u003c/p>\n\u003cp>“Contrary to the trial court's determination, the High-Speed Passenger Train Finance Committee properly found that issuance of bonds for the project was necessary or desirable,” the court ruled, ordering Judge Michael Kenny to validate bond sales financing the project’s initial construction phase.\u003c/p>\n\u003cp>“Without a validation the state could not go to the financial markets to sell the bonds that were approved by the voters (in 2008),” said Brown Administration spokesman H.D. Palmer. “Absent an appeal to the (state) Supreme Court, the 3\u003csup>rd\u003c/sup> District Court of Appeal has now given the state the green light to go forward and sell those bonds.”\u003c/p>\n\u003cp>It’s unclear at this time whether rail opponents will appeal the decision. “I’ve got to talk to my clients, but I suspect they may well appeal it,” said Stuart Flashman, who represents Kings County and others who challenged the project’s legal authority. “Obviously we’re very disappointed. …This ruling, I’m afraid, lets (the rail project) slide on forward.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Governor Jerry Brown has made the rail project a top priority, despite growing concerns from lawmakers in both parties – but primarily Republicans – about the project’s growing cost and feasibility. \u003ca href=\"http://www.sacbee.com/2014/06/12/6480411/budget-deal-spends-cap-and-trade.html\">This year’s state budget allocated $250 million\u003c/a> in cap-and-trade auction revenue for the rail project.\u003c/p>\n\u003cp>Read the full ruling 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\">\n\u003c/p>\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 California High-Speed Rail Appeal Court Ruling on Scribd\" href=\"http://www.scribd.com/doc/235582454/California-High-Speed-Rail-Appeal-Court-Ruling\">California High-Speed Rail Appeal Court Ruling\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_28795\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235582454/content?start_page=1&view_mode=scroll&access_key=key-gTwD2wbxcpECyaYSbO5p&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": "After 4 Fatal Shootings by Salinas Cops, Lawyer Asks for Federal Inquiry",
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"content": "\u003cfigure id=\"attachment_143286\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1.jpg\">\u003cimg class=\"size-medium wp-image-143286\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1-640x426.jpg\" alt=\"Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED) \u003ccite>(Isabel Angel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Oakland civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department, whose officers have shot and killed four people since March.\u003c/p>\n\u003cp>All four men killed in the shootings were Latino. Burris, who's representing the family of two of the victims in federal lawsuits, said he can't speak to whether any of the officers involved should be criminally prosecuted.\u003c/p>\n\u003cp>\"But I do know this: that four killings in a very short period of time is uncalled for, it is questionable and it's alarming, if nothing else,\" he said Tuesday during a press conference in front of the San Francisco Federal Building.\u003c/p>\n\u003cp>\"The community has a right to be frightened and concerned about whether the police really are looking out for them, particularly the men, whether they are using the slightest, the slightest of provocations to use deadly force,\" Burris said.\u003c/p>\n\u003cp>If the Department of Justice decides to move forward, Burris said investigators would look into whether the shootings were isolated incidents or part of a pattern in the department.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Salinas Police Chief Kerry McMillin disputed Burris's accusations, \u003ca href=\"http://www.montereyherald.com/news/ci_26239667/families-seek-federal-investigation-salinas-pd\" target=\"_blank\">the Monterey Herald reports\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"In the event that an investigation is done on my department, I can assure Mr. Burris he'll find nothing but committed, dedicated and well-trained officers,\" McMillin told the paper.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_143286\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1.jpg\">\u003cimg class=\"size-medium wp-image-143286\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1-640x426.jpg\" alt=\"Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED) \u003ccite>(Isabel Angel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Oakland civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department, whose officers have shot and killed four people since March.\u003c/p>\n\u003cp>All four men killed in the shootings were Latino. Burris, who's representing the family of two of the victims in federal lawsuits, said he can't speak to whether any of the officers involved should be criminally prosecuted.\u003c/p>\n\u003cp>\"But I do know this: that four killings in a very short period of time is uncalled for, it is questionable and it's alarming, if nothing else,\" he said Tuesday during a press conference in front of the San Francisco Federal Building.\u003c/p>\n\u003cp>\"The community has a right to be frightened and concerned about whether the police really are looking out for them, particularly the men, whether they are using the slightest, the slightest of provocations to use deadly force,\" Burris said.\u003c/p>\n\u003cp>If the Department of Justice decides to move forward, Burris said investigators would look into whether the shootings were isolated incidents or part of a pattern in the department.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Salinas Police Chief Kerry McMillin disputed Burris's accusations, \u003ca href=\"http://www.montereyherald.com/news/ci_26239667/families-seek-federal-investigation-salinas-pd\" target=\"_blank\">the Monterey Herald reports\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"In the event that an investigation is done on my department, I can assure Mr. Burris he'll find nothing but committed, dedicated and well-trained officers,\" McMillin told the paper.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "new-federal-indictment-charges-pge-with-obstructing-san-bruno-investigation",
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"content": "\u003cfigure id=\"attachment_143248\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-143248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1-640x433.jpg\" alt=\"The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"433\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury issued a new criminal indictment against PG&E late Tuesday afternoon in connection with the 2010 San Bruno pipeline explosion that killed eight people and destroyed 38 homes. The revised indictment charges the utility with obstructing the National Transportation Safety Board’s investigation and 27 counts of knowingly and willfully violating the Pipeline Safety Act. The indictment added 16 new charges.\u003c/p>\n\u003cp>“This is huge,” said San Bruno Mayor Jim Ruane. “And hopefully this will spark what really has to be done with our utility, the management of our utility and the oversight of this utility.”\u003c/p>\n\u003cp>PG&E officials immediately issued a statement saying they have not yet viewed the indictment, but that they do not believe the charges are warranted.\u003c/p>\n\u003cp>According to the indictment, PG&E provided NTSB with a draft policy outlining how the utility addressed manufacturing problems with its pipelines. PG&E later withdrew the policy, saying it was an unapproved draft. However, PG&E had been operating under the draft from 2009 through April 2011. The indictment — which replaces one issued by the grand jury in April — charges that, because of the draft policy, PG&E did not properly prioritize many of its oldest natural gas pipelines as high risk.\u003c/p>\n\u003cp>The utility also faces 27 additional charges for violating the Pipeline Safety Act for poor record keeping and pipeline management practices. An investigation found that a large portion of PG&E’s records were either inaccurate or missing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If convicted, PG&E could face court-ordered oversight as well as fines. Separately, PG&E faces a fine of up to $2 billion from the California Public Utilities Commission. The company also will pay $565 million in legal settlements to victims.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>PG&E is next scheduled to appear in court Aug. 18.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_143248\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-143248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1-640x433.jpg\" alt=\"The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"433\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury issued a new criminal indictment against PG&E late Tuesday afternoon in connection with the 2010 San Bruno pipeline explosion that killed eight people and destroyed 38 homes. The revised indictment charges the utility with obstructing the National Transportation Safety Board’s investigation and 27 counts of knowingly and willfully violating the Pipeline Safety Act. The indictment added 16 new charges.\u003c/p>\n\u003cp>“This is huge,” said San Bruno Mayor Jim Ruane. “And hopefully this will spark what really has to be done with our utility, the management of our utility and the oversight of this utility.”\u003c/p>\n\u003cp>PG&E officials immediately issued a statement saying they have not yet viewed the indictment, but that they do not believe the charges are warranted.\u003c/p>\n\u003cp>According to the indictment, PG&E provided NTSB with a draft policy outlining how the utility addressed manufacturing problems with its pipelines. PG&E later withdrew the policy, saying it was an unapproved draft. However, PG&E had been operating under the draft from 2009 through April 2011. The indictment — which replaces one issued by the grand jury in April — charges that, because of the draft policy, PG&E did not properly prioritize many of its oldest natural gas pipelines as high risk.\u003c/p>\n\u003cp>The utility also faces 27 additional charges for violating the Pipeline Safety Act for poor record keeping and pipeline management practices. An investigation found that a large portion of PG&E’s records were either inaccurate or missing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "What Kind of Gun? Conflicting Stories Emerge in Vallejo Police Shooting",
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"content": "\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery/j-moore-2/\" rel=\"attachment wp-att-131828\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>Official documents trickling into public view present conflicting versions of the fatal Vallejo police shooting in 2012 that left 29-year-old Jeremiah Moore dead.\u003c/p>\n\u003cp>The Solano County District Attorney's Office \u003ca href=\"http://ww2.kqed.org/news/2014/07/21/da-vallejo-officer-involved-shooting-lawful-jeremiah-moore/\" target=\"_blank\">completed its review\u003c/a> of the shooting earlier this month, concluding: \"The input of the officers, as well as civilian witness accounts, together with the crime reports and the dispatch records, clearly indicate that the officer was legally justified in the use of deadly force.\"\u003c/p>\n\u003cp>It was the \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">third fatal shooting\u003c/a> by Vallejo police Officer Sean Kenney over about a five-month period in 2012. The district attorney has now found that two of those shootings were lawful. The third case remains under review.\u003c/p>\n\u003cp>Criminal justice experts say the district attorney's findings are not a surprise. They note that prosecutions for on-duty shootings by police are rare.\u003c/p>\n\u003cp>\"Those prosecutors rely on law enforcement to make their cases,\" said Jim Fisher, a former FBI agent and criminal justice professor emeritus at Edinboro University in Pennsylvania. \"They can’t antagonize them.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch2>\u003ca href=\"http://www.scribd.com/doc/235101230/Jeremiah-Moore-Coroner-Report\" target=\"_blank\">Read the coroner's report:\u003c/a>\u003c/h2>\n\u003cp>[scribd id=235101230 key=key-osMSc6WASeXc0F2AbIAy mode=scroll]\u003c/p>\n\u003cp>• \u003cstrong>\u003ca href=\"http://www.scribd.com/doc/235101559/Solano-County-District-Attorney-Summary-Investigation-Jeremiah-Moore\" target=\"_blank\">Solano County District Attorney Summary Investigation\u003c/a>\u003c/strong>\u003cbr>\n• \u003cstrong>\u003ca href=\"http://www.scribd.com/doc/235101844/Vallejo-Police-Press-Release-Officer-Involved-Shooting-Jeremiah-Moore-2500-Block-of-Alameda-Dr-10-21-2012\" target=\"_blank\">Initial Vallejo Police Dept. Statement\u003c/a>\u003c/strong>\u003c/p>\u003c/aside>\n\u003cp>Fisher \u003ca href=\"http://ww2.kqed.org/news/2014/04/08/california-deadliest-state-for-shootings-by-police\" target=\"_blank\">studied media reports of officer-involved shootings nationwide in 2011\u003c/a> and found that only about 5 percent of shootings are found by department internal investigations to be against policy. He said a much smaller percentage results in any kind of criminal prosecution, which is the purpose of a district attorney's investigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the completion of that investigation generally mandates the \u003ca href=\"http://www.scribd.com/doc/235101230/Jeremiah-Moore-Coroner-Report\" target=\"_blank\">release of the coroner's report\u003c/a>, autopsy and toxicology findings in a case. Despite the July 8 completion of the district attorney's review, Vallejo police did not release the coroner's report on Jeremiah Moore until July 22, after KQED inquiries to both the Solano County coroner and the Vallejo Police Department.\u003c/p>\n\u003cp>Department spokesman Sgt. James O'Connell declined to say why the release of the coroner's report was delayed for two weeks. He said he could not answer questions raised by the district attorney's summary because the case is the subject of ongoing litigation.\u003c/p>\n\u003cp>Oakland civil rights attorney Michael Haddad is representing Moore's parents in a \u003ca href=\"http://ww2.kqed.org/news/federal-civil-rights-lawsuit-filed-in-vallejo-police-killing-of-jeremiah-moore\" target=\"_blank\">wrongful death lawsuit\u003c/a> against Vallejo.\u003c/p>\n\u003cp>\"The elected DA won’t bring criminal charges in a very suspicious shooting, but Jeremiah Moore’s parents are acting as private attorneys general on behalf of themselves and the public to make sure that justice is done,\" he said.\u003c/p>\n\u003cp>The coroner's report and autopsy raise a number of questions, perhaps the most glaring of which is the type of gun Jeremiah Moore was alleged to have pointed at an officer as Vallejo police approached his home at 2504 Alameda St.\u003c/p>\n\u003cp>Police were responding to multiple calls from neighbors about a disturbance on the generally quiet street. It's undisputed that Moore and his partner, Jason Jessie, were acting strangely, running naked around their home and smashing car windows. Neighbor Marvin Clouse, who videotaped much of the incident, ran into his adjacent house to call 911 when he heard the men discussing setting their home on fire.\u003c/p>\n\u003cp>It's hard to see much in Clouse's darkened video, which he provided to KQED, especially after police arrived and he was pushed back across the street. But he captured audio of the shooting, including an initial barrage of about 13 shots followed several seconds later by two more shots. Moore died of two gunshot wounds to the front of his torso.\u003c/p>\n\u003cp>\u003cem>Listen to the sounds of the shooting below. This audio is graphic. KQED has made no internal edits to this sound clip.\u003c/em>\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/143585887\" params=\"color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cstrong>Inconsistent Police Versions\u003c/strong>\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.ci.vallejo.ca.us/common/pages/DisplayFile.aspx?itemId=31056\" target=\"_blank\">statement released the day of the shooting\u003c/a>, police said a naked Moore had \"placed the barrel of a rifle directly against an officer's stomach\" as police approached the open doorway of the house, after they had commanded Jessie to get on the ground and show his hands.\u003c/p>\n\u003cp>\"Another officer saw this and fearing for his life and the life of his fellow officer, immediately discharged his firearm at the man with the rifle,\" the release says.\u003c/p>\n\u003cp>But about the same time that release was being drafted, sometime after 7:53 a.m. on Oct. 21, 2012, Vallejo Police Department evidence technician Stephanie Boursaw was telling the coroner that Moore had pointed a handgun at officers, not a rifle. No handgun was recovered.\u003c/p>\n\u003cp>\"Obviously there was some great un-clarity among the Police Department after the shooting on issues that should have been really clear if they were true,\" Haddad said.\u003c/p>\n\u003cp>A witness who lived across the street, Jaime Alvarado, told KQED that Moore was naked and unarmed when he was shot from several feet away by an officer standing at the base of stairs leading to the home's porch. Trajectory analysis of the two bullet wounds in Moore's torso show the rounds were traveling upward, which is consistent with Alvarado's account of events. Alvarado said he also watched police retrieve a long-barrel rifle from inside the house long after the shooting.\u003c/p>\n\u003cp>Alvarado said he saw \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">Moore's hands flailing in the air right before he was shot\u003c/a>, a movement Moore's parents said could be attributed to their son's autism spectrum disorder. Lisa Moore said her son would often wave his hands when he was nervous.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> If either of the final two shots Kenney fired were among the ones that struck Moore, he would have had to be on his back because his wounds were in the front of his torso. \u003c/aside>\n\u003cp>KQED tracked down Jason Jessie in Arizona, where he now lives. He said the shooting was traumatic and he has \"blocked out\" much of what happened that night. But he did recall owning what he described as \"a .22 rifle from the '20s.\" It was an antique, he said, that he collected as part of his eBay buying and selling business. The Police Department's initial statement says detectives recovered a round that was chambered in the rifle, but that detail is not repeated in the district attorney's summary.\u003c/p>\n\u003cp>An independent forensic pathologist consulted by KQED on background said the upward trajectory is possible in both Alvarado's scenario and the very different one outlined in the district attorney's summary.\u003c/p>\n\u003cp>From the DA's summary:\u003c/p>\n\u003cblockquote>\u003cp>\"Sgt. Clark announced the presence of the police and asked the occupants of the residence to 'come out' or words to that effect. Officer Kenney was positioned to the side and was covering Sgt. Clark who was at the door of the residence. Officer Kenney saw a white male who was completely naked walking quickly towards Sgt. Clark. The officers yelled commands to the naked male who was behaving erratically. The white male slowly complied with the commands and got on the ground.\u003c/p>\n\u003cp>Once that male was on the ground, Officer Kenney reached for his handcuffs. He then saw a barrel of a rifle pointing at Sgt. Clark. Officer Kenney drew his weapon and stepped back but he could not see the person who was actually holding the rifle. He yelled commands and fired several shots where he believed the subject with the rifle would be standing.\u003c/p>\n\u003cp>Officer Kenney requested that Sgt. Clark step back from the door area. At this point, it was unclear whether Sgt. Clark had been shot. Officer Kenney saw that there was a second white male lying on the ground. Officers gave commands for the subjects on the ground to show their hands. The first white male complied; however, the second male was seen reaching for the rifle. The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\u003c/blockquote>\n\u003cp>If either of the final two shots Kenney fired were among the ones that struck Moore, he would have had to be on his back because his wounds were in the front of his torso.\u003c/p>\n\u003cp>The medical examiner found \"no evidence of close range discharge of a firearm\" on Moore, suggesting he was shot from several feet away. Two toxicology screenings of Moore's blood turned up marijuana in his system, contrary to police statements quoted in news reports shortly after the shooting.\u003c/p>\n\u003cp>\"It’s notable that toxicology came back and he did not have bath salts or other drugs that the police were rampantly speculating about,\" Haddad said.\u003c/p>\n\u003cp>Some details of the shooting remain obscure, including any forensic analysis presumably conducted on the rifle to check for Moore's fingerprints. Haddad says that level of detail will be included in the pending civil trial, and it may or may not be made public.\u003c/p>\n\u003cp>KQED has filed a public records act request with the Vallejo Police Department and Vallejo City Attorney's Office seeking more information about the department's policy concerning off-duty \"ride along\" officers and less lethal weapons used by the police force.\u003c/p>\n\u003cp>\u003cem>Listen to the April 9, 2014, KQED News broadcast on the killing of Jeremiah Moore:\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/143784928\" 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\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery/j-moore-2/\" rel=\"attachment wp-att-131828\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>Official documents trickling into public view present conflicting versions of the fatal Vallejo police shooting in 2012 that left 29-year-old Jeremiah Moore dead.\u003c/p>\n\u003cp>The Solano County District Attorney's Office \u003ca href=\"http://ww2.kqed.org/news/2014/07/21/da-vallejo-officer-involved-shooting-lawful-jeremiah-moore/\" target=\"_blank\">completed its review\u003c/a> of the shooting earlier this month, concluding: \"The input of the officers, as well as civilian witness accounts, together with the crime reports and the dispatch records, clearly indicate that the officer was legally justified in the use of deadly force.\"\u003c/p>\n\u003cp>It was the \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">third fatal shooting\u003c/a> by Vallejo police Officer Sean Kenney over about a five-month period in 2012. The district attorney has now found that two of those shootings were lawful. The third case remains under review.\u003c/p>\n\u003cp>Criminal justice experts say the district attorney's findings are not a surprise. They note that prosecutions for on-duty shootings by police are rare.\u003c/p>\n\u003cp>\"Those prosecutors rely on law enforcement to make their cases,\" said Jim Fisher, a former FBI agent and criminal justice professor emeritus at Edinboro University in Pennsylvania. \"They can’t antagonize them.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch2>\u003ca href=\"http://www.scribd.com/doc/235101230/Jeremiah-Moore-Coroner-Report\" target=\"_blank\">Read the coroner's report:\u003c/a>\u003c/h2>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/235101230/content?start_page=1&view_mode=&access_key=key-osMSc6WASeXc0F2AbIAy\"\n title=\"http://www.scribd.com/doc/235101230\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_235101230\"\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/235101230\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>• \u003cstrong>\u003ca href=\"http://www.scribd.com/doc/235101559/Solano-County-District-Attorney-Summary-Investigation-Jeremiah-Moore\" target=\"_blank\">Solano County District Attorney Summary Investigation\u003c/a>\u003c/strong>\u003cbr>\n• \u003cstrong>\u003ca href=\"http://www.scribd.com/doc/235101844/Vallejo-Police-Press-Release-Officer-Involved-Shooting-Jeremiah-Moore-2500-Block-of-Alameda-Dr-10-21-2012\" target=\"_blank\">Initial Vallejo Police Dept. Statement\u003c/a>\u003c/strong>\u003c/p>\u003c/aside>\n\u003cp>Fisher \u003ca href=\"http://ww2.kqed.org/news/2014/04/08/california-deadliest-state-for-shootings-by-police\" target=\"_blank\">studied media reports of officer-involved shootings nationwide in 2011\u003c/a> and found that only about 5 percent of shootings are found by department internal investigations to be against policy. He said a much smaller percentage results in any kind of criminal prosecution, which is the purpose of a district attorney's investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the completion of that investigation generally mandates the \u003ca href=\"http://www.scribd.com/doc/235101230/Jeremiah-Moore-Coroner-Report\" target=\"_blank\">release of the coroner's report\u003c/a>, autopsy and toxicology findings in a case. Despite the July 8 completion of the district attorney's review, Vallejo police did not release the coroner's report on Jeremiah Moore until July 22, after KQED inquiries to both the Solano County coroner and the Vallejo Police Department.\u003c/p>\n\u003cp>Department spokesman Sgt. James O'Connell declined to say why the release of the coroner's report was delayed for two weeks. He said he could not answer questions raised by the district attorney's summary because the case is the subject of ongoing litigation.\u003c/p>\n\u003cp>Oakland civil rights attorney Michael Haddad is representing Moore's parents in a \u003ca href=\"http://ww2.kqed.org/news/federal-civil-rights-lawsuit-filed-in-vallejo-police-killing-of-jeremiah-moore\" target=\"_blank\">wrongful death lawsuit\u003c/a> against Vallejo.\u003c/p>\n\u003cp>\"The elected DA won’t bring criminal charges in a very suspicious shooting, but Jeremiah Moore’s parents are acting as private attorneys general on behalf of themselves and the public to make sure that justice is done,\" he said.\u003c/p>\n\u003cp>The coroner's report and autopsy raise a number of questions, perhaps the most glaring of which is the type of gun Jeremiah Moore was alleged to have pointed at an officer as Vallejo police approached his home at 2504 Alameda St.\u003c/p>\n\u003cp>Police were responding to multiple calls from neighbors about a disturbance on the generally quiet street. It's undisputed that Moore and his partner, Jason Jessie, were acting strangely, running naked around their home and smashing car windows. Neighbor Marvin Clouse, who videotaped much of the incident, ran into his adjacent house to call 911 when he heard the men discussing setting their home on fire.\u003c/p>\n\u003cp>It's hard to see much in Clouse's darkened video, which he provided to KQED, especially after police arrived and he was pushed back across the street. But he captured audio of the shooting, including an initial barrage of about 13 shots followed several seconds later by two more shots. Moore died of two gunshot wounds to the front of his torso.\u003c/p>\n\u003cp>\u003cem>Listen to the sounds of the shooting below. This audio is graphic. KQED has made no internal edits to this sound clip.\u003c/em>\u003c/p>\n\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/143585887&visual=true&color=ff5500&inverse=false&auto_play=false&show_user=true'\n title='https://api.soundcloud.com/tracks/143585887'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Inconsistent Police Versions\u003c/strong>\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.ci.vallejo.ca.us/common/pages/DisplayFile.aspx?itemId=31056\" target=\"_blank\">statement released the day of the shooting\u003c/a>, police said a naked Moore had \"placed the barrel of a rifle directly against an officer's stomach\" as police approached the open doorway of the house, after they had commanded Jessie to get on the ground and show his hands.\u003c/p>\n\u003cp>\"Another officer saw this and fearing for his life and the life of his fellow officer, immediately discharged his firearm at the man with the rifle,\" the release says.\u003c/p>\n\u003cp>But about the same time that release was being drafted, sometime after 7:53 a.m. on Oct. 21, 2012, Vallejo Police Department evidence technician Stephanie Boursaw was telling the coroner that Moore had pointed a handgun at officers, not a rifle. No handgun was recovered.\u003c/p>\n\u003cp>\"Obviously there was some great un-clarity among the Police Department after the shooting on issues that should have been really clear if they were true,\" Haddad said.\u003c/p>\n\u003cp>A witness who lived across the street, Jaime Alvarado, told KQED that Moore was naked and unarmed when he was shot from several feet away by an officer standing at the base of stairs leading to the home's porch. Trajectory analysis of the two bullet wounds in Moore's torso show the rounds were traveling upward, which is consistent with Alvarado's account of events. Alvarado said he also watched police retrieve a long-barrel rifle from inside the house long after the shooting.\u003c/p>\n\u003cp>Alvarado said he saw \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">Moore's hands flailing in the air right before he was shot\u003c/a>, a movement Moore's parents said could be attributed to their son's autism spectrum disorder. Lisa Moore said her son would often wave his hands when he was nervous.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> If either of the final two shots Kenney fired were among the ones that struck Moore, he would have had to be on his back because his wounds were in the front of his torso. \u003c/aside>\n\u003cp>KQED tracked down Jason Jessie in Arizona, where he now lives. He said the shooting was traumatic and he has \"blocked out\" much of what happened that night. But he did recall owning what he described as \"a .22 rifle from the '20s.\" It was an antique, he said, that he collected as part of his eBay buying and selling business. The Police Department's initial statement says detectives recovered a round that was chambered in the rifle, but that detail is not repeated in the district attorney's summary.\u003c/p>\n\u003cp>An independent forensic pathologist consulted by KQED on background said the upward trajectory is possible in both Alvarado's scenario and the very different one outlined in the district attorney's summary.\u003c/p>\n\u003cp>From the DA's summary:\u003c/p>\n\u003cblockquote>\u003cp>\"Sgt. Clark announced the presence of the police and asked the occupants of the residence to 'come out' or words to that effect. Officer Kenney was positioned to the side and was covering Sgt. Clark who was at the door of the residence. Officer Kenney saw a white male who was completely naked walking quickly towards Sgt. Clark. The officers yelled commands to the naked male who was behaving erratically. The white male slowly complied with the commands and got on the ground.\u003c/p>\n\u003cp>Once that male was on the ground, Officer Kenney reached for his handcuffs. He then saw a barrel of a rifle pointing at Sgt. Clark. Officer Kenney drew his weapon and stepped back but he could not see the person who was actually holding the rifle. He yelled commands and fired several shots where he believed the subject with the rifle would be standing.\u003c/p>\n\u003cp>Officer Kenney requested that Sgt. Clark step back from the door area. At this point, it was unclear whether Sgt. Clark had been shot. Officer Kenney saw that there was a second white male lying on the ground. Officers gave commands for the subjects on the ground to show their hands. The first white male complied; however, the second male was seen reaching for the rifle. The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\u003c/blockquote>\n\u003cp>If either of the final two shots Kenney fired were among the ones that struck Moore, he would have had to be on his back because his wounds were in the front of his torso.\u003c/p>\n\u003cp>The medical examiner found \"no evidence of close range discharge of a firearm\" on Moore, suggesting he was shot from several feet away. Two toxicology screenings of Moore's blood turned up marijuana in his system, contrary to police statements quoted in news reports shortly after the shooting.\u003c/p>\n\u003cp>\"It’s notable that toxicology came back and he did not have bath salts or other drugs that the police were rampantly speculating about,\" Haddad said.\u003c/p>\n\u003cp>Some details of the shooting remain obscure, including any forensic analysis presumably conducted on the rifle to check for Moore's fingerprints. Haddad says that level of detail will be included in the pending civil trial, and it may or may not be made public.\u003c/p>\n\u003cp>KQED has filed a public records act request with the Vallejo Police Department and Vallejo City Attorney's Office seeking more information about the department's policy concerning off-duty \"ride along\" officers and less lethal weapons used by the police force.\u003c/p>\n\u003cp>\u003cem>Listen to the April 9, 2014, KQED News broadcast on the killing of Jeremiah Moore:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "State Sen. Leland Yee Faces New Racketeering, Conspiracy Charges",
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"content": "\u003cfigure id=\"attachment_130744\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/LeelandYee-e1396641660590.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/LeelandYee-640x450.jpg\" alt=\"Leland Yee. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"450\" class=\"size-medium wp-image-130744\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leland Yee. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury in San Francisco has issued a revised indictment against state Sen. Leland Yee, who was first charged in March with corruption and arms-trafficking. Among the new allegations: Yee and an accomplice attempted to extort money from an unnamed National Football League team owner in exchange for a vote on pending legislation. \u003c/p>\n\u003cp>The revised indictment (\u003ca href=\"#yeeindictment\">embedded below\u003c/a>) recasts the case against the veteran legislator as a conspiracy in which he and San Francisco political consultant Keith Jackson allegedly used the senator's political committees as a racketeering operation that engaged in bribery, extortion and money-laundering. The document refers to the alleged Yee-Jackson operation as \"The Campaign.\"\u003c/p>\n\u003cp>The indictment includes \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/reports-state-senator-leland-yee-under-arrest-for-corruption\" target=\"_blank\">the federal charges announced March 26\u003c/a>, the day Yee was arrested in connection with an FBI investigation targeting reputed Chinatown gang leader Raymond Chow. Yee pleaded not guilty to the charges, which accused him of trading favors for donations to his 2011 campaign for mayor of San Francisco and 2014 campaign for California and also alleged he had agreed to facilitate arms purchases by an undercover FBI employee. \u003c/p>\n\u003cp>But the new charges also allege that Yee and Jackson conspired to extract a payment from the owner of \"NFL Team A\" in exchange for supporting \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1309\" target=\"_blank\">AB 1309, a worker's compensation bill\u003c/a> that would benefit pro sports franchises. \u003c/p>\n\u003cp>The revised indictment says that Yee and Jackson conspired to extort a payment after an undercover FBI employee identifed as \"UCE 4180\" told them he knew the owner of the unidentified Team A. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a meeting with the undercover employee, the indictment says:\u003c/p>\n\u003cblockquote>\u003cp>Yee explained that the owners of professional football had an interest in AB 1309, it was in the financial interest of AB 1309 to pass, and Yee held a key position on the Senate Committee that would considering AB 1309 because Yee controlled two votes on the committee. Yee also stated that the players on professional football teams opposed AB 1309. Yee told UCE 4180 that UCE 4180 should convey this information to the owner of NFL Team A and the owner of NFL Team A should contact Yee with an offer to help Yee. When UCE 4180 asked how much Yee's vote would cost, Yee responded, \"Oh no ... we gotta drag it out, man. We gotta juice this thing.\" \u003c/p>\u003c/blockquote>\n\u003cp>The indictment also alleges that Yee and Jackson privately discussed approaching other teams and players' representative to see who would pay the most for Yee's vote. \u003c/p>\n\u003cp>The indictment also says that When UCE 4180 told Jackson that the NFL owner was willing to pay $60,000 for Yee's support for AB 1309, Jackson contacted Yee, then texted the FBI employee, \"Hey [UCE 4180], where [sic] all good on our end ... kj.\" \u003c/p>\n\u003cp>The indictment says UCE 4180 did not pay any money to Jackson or Yee in connection with the bill, \u003ca href=\"http://www.latimes.com/business/la-fi-nfl-claims-20140201-dto-htmlstory.html\" target=\"_blank\">which eventually passed\u003c/a>. Yee voted for the legislation. \u003c/p>\n\u003cp>The revised charges also detail an alleged Yee-Jackson conspiracy involving \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=e1cbdf51052fc8aa982b1af21275?bill_id=201320140SB309\" target=\"_blank\">SB 309, a bill that would extend the life of the California State Athletic Commission\u003c/a>, which has jurisdiction over professional and amateur boxing, kickboxing and other forms of full contact martial arts competitions.\u003c/p>\n\u003cp>The indictment says Yee and Jackson worked to persuade two supporters of the bill to make donations to the state senator in exchange for his yes vote on the bill. \u003c/p>\n\u003cp>The indictment describes a phone call in which Yee and Jackson discussed the alleged scheme:\u003c/p>\n\u003cblockquote>\u003cp>Yee told Jackson that he spoke to an individual (hereafter \"Indivual A\") who had an interest in extending the existence of the CSAC and \"did a number\" on that person. Yee said he told Individual A that Yee intended to shut down the CSAC, but Individual A should hire Jackson to lobby Yee to vote to extend the CSAC. Jackson subsquently spoke to Individual A, who said he was fearful that Yee was going to vote against extending the life of the CSAC. Jackson told Individual A that he was willing to help, but would have to be paid. \u003c/p>\u003c/blockquote>\n\u003cp>The indictment does not indicate whether Individual A or a second athletic commission supporter, Individual B, actually paid Yee or Jackson for the senators vote. Like AB 1309, SB 309 passed, again with Yee voting yes. \u003c/p>\n\u003cp>The San Francisco Chronicle reports that a call to Yee's attorney for comment on the additional charge was not immediately returned. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"yeeindictment\">\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235123442/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_40186\" 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>\u003cfigure id=\"attachment_130744\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/LeelandYee-e1396641660590.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/LeelandYee-640x450.jpg\" alt=\"Leland Yee. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"450\" class=\"size-medium wp-image-130744\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leland Yee. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury in San Francisco has issued a revised indictment against state Sen. Leland Yee, who was first charged in March with corruption and arms-trafficking. Among the new allegations: Yee and an accomplice attempted to extort money from an unnamed National Football League team owner in exchange for a vote on pending legislation. \u003c/p>\n\u003cp>The revised indictment (\u003ca href=\"#yeeindictment\">embedded below\u003c/a>) recasts the case against the veteran legislator as a conspiracy in which he and San Francisco political consultant Keith Jackson allegedly used the senator's political committees as a racketeering operation that engaged in bribery, extortion and money-laundering. The document refers to the alleged Yee-Jackson operation as \"The Campaign.\"\u003c/p>\n\u003cp>The indictment includes \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/reports-state-senator-leland-yee-under-arrest-for-corruption\" target=\"_blank\">the federal charges announced March 26\u003c/a>, the day Yee was arrested in connection with an FBI investigation targeting reputed Chinatown gang leader Raymond Chow. Yee pleaded not guilty to the charges, which accused him of trading favors for donations to his 2011 campaign for mayor of San Francisco and 2014 campaign for California and also alleged he had agreed to facilitate arms purchases by an undercover FBI employee. \u003c/p>\n\u003cp>But the new charges also allege that Yee and Jackson conspired to extract a payment from the owner of \"NFL Team A\" in exchange for supporting \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1309\" target=\"_blank\">AB 1309, a worker's compensation bill\u003c/a> that would benefit pro sports franchises. \u003c/p>\n\u003cp>The revised indictment says that Yee and Jackson conspired to extort a payment after an undercover FBI employee identifed as \"UCE 4180\" told them he knew the owner of the unidentified Team A. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a meeting with the undercover employee, the indictment says:\u003c/p>\n\u003cblockquote>\u003cp>Yee explained that the owners of professional football had an interest in AB 1309, it was in the financial interest of AB 1309 to pass, and Yee held a key position on the Senate Committee that would considering AB 1309 because Yee controlled two votes on the committee. Yee also stated that the players on professional football teams opposed AB 1309. Yee told UCE 4180 that UCE 4180 should convey this information to the owner of NFL Team A and the owner of NFL Team A should contact Yee with an offer to help Yee. When UCE 4180 asked how much Yee's vote would cost, Yee responded, \"Oh no ... we gotta drag it out, man. We gotta juice this thing.\" \u003c/p>\u003c/blockquote>\n\u003cp>The indictment also alleges that Yee and Jackson privately discussed approaching other teams and players' representative to see who would pay the most for Yee's vote. \u003c/p>\n\u003cp>The indictment also says that When UCE 4180 told Jackson that the NFL owner was willing to pay $60,000 for Yee's support for AB 1309, Jackson contacted Yee, then texted the FBI employee, \"Hey [UCE 4180], where [sic] all good on our end ... kj.\" \u003c/p>\n\u003cp>The indictment says UCE 4180 did not pay any money to Jackson or Yee in connection with the bill, \u003ca href=\"http://www.latimes.com/business/la-fi-nfl-claims-20140201-dto-htmlstory.html\" target=\"_blank\">which eventually passed\u003c/a>. Yee voted for the legislation. \u003c/p>\n\u003cp>The revised charges also detail an alleged Yee-Jackson conspiracy involving \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=e1cbdf51052fc8aa982b1af21275?bill_id=201320140SB309\" target=\"_blank\">SB 309, a bill that would extend the life of the California State Athletic Commission\u003c/a>, which has jurisdiction over professional and amateur boxing, kickboxing and other forms of full contact martial arts competitions.\u003c/p>\n\u003cp>The indictment says Yee and Jackson worked to persuade two supporters of the bill to make donations to the state senator in exchange for his yes vote on the bill. \u003c/p>\n\u003cp>The indictment describes a phone call in which Yee and Jackson discussed the alleged scheme:\u003c/p>\n\u003cblockquote>\u003cp>Yee told Jackson that he spoke to an individual (hereafter \"Indivual A\") who had an interest in extending the existence of the CSAC and \"did a number\" on that person. Yee said he told Individual A that Yee intended to shut down the CSAC, but Individual A should hire Jackson to lobby Yee to vote to extend the CSAC. Jackson subsquently spoke to Individual A, who said he was fearful that Yee was going to vote against extending the life of the CSAC. Jackson told Individual A that he was willing to help, but would have to be paid. \u003c/p>\u003c/blockquote>\n\u003cp>The indictment does not indicate whether Individual A or a second athletic commission supporter, Individual B, actually paid Yee or Jackson for the senators vote. Like AB 1309, SB 309 passed, again with Yee voting yes. \u003c/p>\n\u003cp>The San Francisco Chronicle reports that a call to Yee's attorney for comment on the additional charge was not immediately returned. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"yeeindictment\">\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235123442/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" id=\"doc_40186\" 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": "Brown Nominates Stanford Law Professor to State Supreme Court",
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"content": "\u003cfigure id=\"attachment_142495\" class=\"wp-caption aligncenter\" style=\"max-width: 427px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/8537685496_8df576e875_z.jpg\">\u003cimg class=\"size-full wp-image-142495\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/8537685496_8df576e875_z.jpg\" alt=\"Professor Mariano-Florentino Cuellar talks at Stanford Law School's first ACS Student Convention in March 2013. (Photo by Brendan Cohen)\" width=\"427\" height=\"640\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Professor Mariano-Florentino Cuellar talks at Stanford Law School's first ACS Student Convention in March 2013. (Photo by Brendan Cohen)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Associated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — Gov. Jerry Brown has nominated a Mexican-born Stanford law professor to the California Supreme Court.\u003c/p>\n\u003cp>Brown on Tuesday nominated 41-year-old Mariano-Florentino Cuellar to be an associate justice of the state's highest court. If approved, the registered Democrat would fill a vacancy created by the retirement of Justice Marvin Baxter, a reliably conservative member of the court, in January.\u003c/p>\n\u003cp>This is Brown's second nomination since returning to the governor's office. In 2011, he filled a vacancy by appointing UC Berkeley law professor Goodwin Liu to the California Supreme Court after Senate Republicans blocked his nomination to the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Cuellar has taught administrative law, criminal law and international law, among other subjects. He also served as an adviser in the Obama White House.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Here's a story from the \u003ca href=\"http://www.sfgate.com/bayarea/article/Brown-nominates-Stanford-professor-to-state-high-5638237.php\">San Francisco Chronicle\u003c/a>. Cuellar, by the way, is married to U.S. District Judge Lucy Koh of San Jose, who presided over the high-profile Apple versus Samsung case.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sacbee.com/2014/07/22/6573601/jerry-brown-names-law-school-professor.html\" target=\"_blank\">Sacramento Bee's article \u003c/a>on the nomination, which notes that the position pays $225,342 a year, says that it's likely to lessen pressure on Brown to appoint a Latino justice:\u003c/p>\n\u003cblockquote>\u003cp>Carlos Moreno, who was the court’s only Latino member, retired in 2011. The chairman and vice chairman of the California Latino Legislative Caucus, state Sen. Ricardo Lara, D-Bell Gardens, and Assemblyman Luis Alejo, D-Watsonville, respectively, issued a joint statement praising the decision.\u003c/p>\n\u003cp>“Indeed, he will bring a critical perspective, reliable judgment and even temperament to one of the most vital and challenging positions of service,” the lawmakers said. “Mr. Cuéllar’s nomination will also add to the diversity of the Supreme Court which should reflect the diversity of our state, including its vast Latino population.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>KQED's Rachel Dornhelm discusses Cuellar's nomination with Gerald Uelman, professor at Santa Clara Law School:\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/159872445&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_142495\" class=\"wp-caption aligncenter\" style=\"max-width: 427px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/8537685496_8df576e875_z.jpg\">\u003cimg class=\"size-full wp-image-142495\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/8537685496_8df576e875_z.jpg\" alt=\"Professor Mariano-Florentino Cuellar talks at Stanford Law School's first ACS Student Convention in March 2013. (Photo by Brendan Cohen)\" width=\"427\" height=\"640\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Professor Mariano-Florentino Cuellar talks at Stanford Law School's first ACS Student Convention in March 2013. (Photo by Brendan Cohen)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Associated Press\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — Gov. Jerry Brown has nominated a Mexican-born Stanford law professor to the California Supreme Court.\u003c/p>\n\u003cp>Brown on Tuesday nominated 41-year-old Mariano-Florentino Cuellar to be an associate justice of the state's highest court. If approved, the registered Democrat would fill a vacancy created by the retirement of Justice Marvin Baxter, a reliably conservative member of the court, in January.\u003c/p>\n\u003cp>This is Brown's second nomination since returning to the governor's office. In 2011, he filled a vacancy by appointing UC Berkeley law professor Goodwin Liu to the California Supreme Court after Senate Republicans blocked his nomination to the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Cuellar has taught administrative law, criminal law and international law, among other subjects. He also served as an adviser in the Obama White House.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Here's a story from the \u003ca href=\"http://www.sfgate.com/bayarea/article/Brown-nominates-Stanford-professor-to-state-high-5638237.php\">San Francisco Chronicle\u003c/a>. Cuellar, by the way, is married to U.S. District Judge Lucy Koh of San Jose, who presided over the high-profile Apple versus Samsung case.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sacbee.com/2014/07/22/6573601/jerry-brown-names-law-school-professor.html\" target=\"_blank\">Sacramento Bee's article \u003c/a>on the nomination, which notes that the position pays $225,342 a year, says that it's likely to lessen pressure on Brown to appoint a Latino justice:\u003c/p>\n\u003cblockquote>\u003cp>Carlos Moreno, who was the court’s only Latino member, retired in 2011. The chairman and vice chairman of the California Latino Legislative Caucus, state Sen. Ricardo Lara, D-Bell Gardens, and Assemblyman Luis Alejo, D-Watsonville, respectively, issued a joint statement praising the decision.\u003c/p>\n\u003cp>“Indeed, he will bring a critical perspective, reliable judgment and even temperament to one of the most vital and challenging positions of service,” the lawmakers said. “Mr. Cuéllar’s nomination will also add to the diversity of the Supreme Court which should reflect the diversity of our state, including its vast Latino population.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>KQED's Rachel Dornhelm discusses Cuellar's nomination with Gerald Uelman, professor at Santa Clara Law School:\u003cbr>\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/159872445&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Solano DA Concludes Controversial Vallejo Officer-Involved Shooting was Justified",
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"content": "\u003cfigure id=\"attachment_136563\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988.jpg\">\u003cimg class=\"size-medium wp-image-136563\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988-640x437.jpg\" alt=\"A pattern of officer-involved shootings in Vallejo raise eyebrows. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"437\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Solano County district attorney recently concluded a 2012 officer-involved shooting by Vallejo police was a lawful use of deadly force. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The Solano County district attorney has determined that a Vallejo police officer's \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">fatal shooting of Jeremiah Moore\u003c/a> was lawful, nearly 21 months after the Oct. 21, 2012, incident.\u003c/p>\n\u003cp>A summary letter (\u003ca href=\"#document\">below\u003c/a>) to Vallejo Police Chief Joseph Kreins, dated July 8, means that two of three fatal police shooting investigations involving the same officer, Sean Kenney, are now finished. The three shootings occurred over about five months in 2012. The other completed probe found that a September 2012 shooting was also justifiable. The district attorney's investigation into the first 2012 shooting involving Kenney remains unfinished more than two years later.\u003c/p>\n\u003cp>“That it takes a year, two, three years to investigate these — there’s really not much justification for that other than either bureaucratic bungling or simply being unwilling to want to get the answers,” said Dennis Kenney, a professor at John Jay College of Criminal Justice, on a \u003ca href=\"http://www.kqed.org/a/forum/R201405220900\" target=\"_blank\">broadcast of KQED's \u003cem>Forum\u003c/em>\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 15px\">KQED's \u003cem>Forum\u003c/em> on Vallejo officer-involved shootings:\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/150793550\" 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>\u003c/aside>\n\u003cp>All \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">three shootings are controversial and are the subject of separate lawsuits\u003c/a> against the city, its police department and Officer Kenney (no relation to the professor).\u003c/p>\n\u003cp>In the July 8 letter about the Moore shooting, Chief Deputy District Attorney Terry Ray describes the response of several officers to multiple calls from a quiet neighborhood in a city with a \u003ca href=\"http://ww2.kqed.org/news/2014/05/20/vallejo-city-manager-responds-to-questions-about-police-shootings/\" target=\"_blank\">reputation for violent crime\u003c/a>. Neighbors had reported two naked men arguing and breaking their own car windows outside their residence at 2504 Alameda St.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Neighbor Marvin Clouse, who videotaped much of the incident, told KQED he rushed inside to call the fire department when he heard the men talk about starting to set their house on fire.\u003c/p>\n\u003cp>Officers arrived at a darkened house with broken windows and an open front door, according to the letter. Kenney and Sgt. Brett Clark approached the darkened front door with flashlights, and Clark was carrying a \"37 mm less-lethal munitions gun,\" a launcher that can fire impact rounds like rubber bullets. The letter says an off-duty officer who was riding along with Kenney shouted \"'he's got a gun,' or something similar.\"\u003c/p>\n\u003cp>Clark, at the front door, called for people inside the house to come out as Kenney covered him from the side. One of the naked men complied and got on the ground, but as Kenney reached for his handcuffs, he saw the barrel of a rifle but not who was holding it, according to the letter.\u003c/p>\n\u003cp>\"He yelled commands and fired several shots where he believed the subject with the rifle would be standing,\" the summary says. After the first barrage of gunshots, both men were lying on the ground and officers commanded them to show their hands.\u003c/p>\n\u003cp>\"The first white male complied; however, the second male was seen reaching for the rifle,\" the letter says. \"The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\n\u003cp>Oakland-based civil rights attorney Michael Haddad, who is representing Jeremiah Moore's parents in a federal wrongful death lawsuit against the city, says the district attorney's review does not affect the lawsuit.\u003c/p>\n\u003cp>\"It doesn’t even make sense,\" Haddad said, \"and it conflicts with the press release initially offered by the Vallejo Police Department.\"\u003c/p>\n\u003cp>The department initially reported that a man with a rifle appeared and \"placed the barrel of the rifle directly against an officer's stomach.\" Another officer \"immediately discharged his firearm at the man with the rifle. The man with the rifle fell to the floor and was taken into custody,\" the initial police statement says.\u003c/p>\n\u003cp>\"They don’t mention the final two shots that now the DA report talks about,\" Haddad said.\u003c/p>\n\u003cp>\u003cem>Neighbor Marvin Clouse's camera did not capture much visually about the incident, but listen below to the audio of the first round of gunshots followed several seconds later by two final shots. This audio is graphic. KQED has made no internal edits to the sound clip.\u003c/em>\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/143585887\" 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>Haddad said the evolving narrative about the incident piques his interest in Jeremiah Moore's autopsy, which has remained sealed by Vallejo police. A representative for the Solano County coroner confirmed Moore's autopsy remains \"protected\" by order of the Vallejo Police Department, despite the conclusion of the district attorney's investigation.\u003c/p>\n\u003cp>Vallejo police did not return calls inquiring about the status of the coroner's report and seeking an explanation of the protocol for the presence of an off-duty \"ride along\" officer who it appears was from another Bay Area police department, which also did not return calls seeking confirmation.\u003c/p>\n\u003cp>The district attorney's summary also seems to contradict statements from Jaime Alvarado, a witness who says he watched the scene play out from his upstairs window across the street.\u003c/p>\n\u003cp>Alvarado told KQED that an officer at the base of the steps to the home fired several shots at a naked man with his hands up standing in the doorway. Alvarado estimated the officer was 8-10 feet away from the man when he fired.\u003c/p>\n\u003cp>Haddad said the district attorney's conclusions don't change anything about the Moores' lawsuit.\u003c/p>\n\u003cp>\"Even though the DA won't hold officers accountable, we can,\" Haddad said.\u003c/p>\n\u003cp>The investigation was completed during a lame-duck period for outgoing Solano District Attorney Don du Bain. He was unseated in the June primary election by Krishna Abrams, a top prosecutor within the office who campaigned on strong support from county law enforcement agencies and attorneys. She \u003ca href=\"http://www.timesheraldonline.com/news/ci_25317390/krishna-abrams-announces-candidacy-district-attorney\" target=\"_blank\">criticized ethics\u003c/a> within the office following a \u003ca href=\"http://www.thereporter.com/crimebeat/ci_25188139/former-solano-county-pathologists-records-released\" target=\"_blank\">controversy\u003c/a> involving prosecutors, police and the former county medical examiner. Abrams is scheduled to take office Jan. 5, 2015.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003cbr>\nRead the district attorney's summary letter to Chief Kreins below:\u003cbr>\n[scribd id=234710312 key=key-RUPOPTxjI0Kc7eWkbZBo mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_136563\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988.jpg\">\u003cimg class=\"size-medium wp-image-136563\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988-640x437.jpg\" alt=\"A pattern of officer-involved shootings in Vallejo raise eyebrows. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"437\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Solano County district attorney recently concluded a 2012 officer-involved shooting by Vallejo police was a lawful use of deadly force. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The Solano County district attorney has determined that a Vallejo police officer's \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">fatal shooting of Jeremiah Moore\u003c/a> was lawful, nearly 21 months after the Oct. 21, 2012, incident.\u003c/p>\n\u003cp>A summary letter (\u003ca href=\"#document\">below\u003c/a>) to Vallejo Police Chief Joseph Kreins, dated July 8, means that two of three fatal police shooting investigations involving the same officer, Sean Kenney, are now finished. The three shootings occurred over about five months in 2012. The other completed probe found that a September 2012 shooting was also justifiable. The district attorney's investigation into the first 2012 shooting involving Kenney remains unfinished more than two years later.\u003c/p>\n\u003cp>“That it takes a year, two, three years to investigate these — there’s really not much justification for that other than either bureaucratic bungling or simply being unwilling to want to get the answers,” said Dennis Kenney, a professor at John Jay College of Criminal Justice, on a \u003ca href=\"http://www.kqed.org/a/forum/R201405220900\" target=\"_blank\">broadcast of KQED's \u003cem>Forum\u003c/em>\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 15px\">KQED's \u003cem>Forum\u003c/em> on Vallejo officer-involved shootings:\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/150793550&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/150793550'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\u003c/aside>\n\u003cp>All \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">three shootings are controversial and are the subject of separate lawsuits\u003c/a> against the city, its police department and Officer Kenney (no relation to the professor).\u003c/p>\n\u003cp>In the July 8 letter about the Moore shooting, Chief Deputy District Attorney Terry Ray describes the response of several officers to multiple calls from a quiet neighborhood in a city with a \u003ca href=\"http://ww2.kqed.org/news/2014/05/20/vallejo-city-manager-responds-to-questions-about-police-shootings/\" target=\"_blank\">reputation for violent crime\u003c/a>. Neighbors had reported two naked men arguing and breaking their own car windows outside their residence at 2504 Alameda St.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Neighbor Marvin Clouse, who videotaped much of the incident, told KQED he rushed inside to call the fire department when he heard the men talk about starting to set their house on fire.\u003c/p>\n\u003cp>Officers arrived at a darkened house with broken windows and an open front door, according to the letter. Kenney and Sgt. Brett Clark approached the darkened front door with flashlights, and Clark was carrying a \"37 mm less-lethal munitions gun,\" a launcher that can fire impact rounds like rubber bullets. The letter says an off-duty officer who was riding along with Kenney shouted \"'he's got a gun,' or something similar.\"\u003c/p>\n\u003cp>Clark, at the front door, called for people inside the house to come out as Kenney covered him from the side. One of the naked men complied and got on the ground, but as Kenney reached for his handcuffs, he saw the barrel of a rifle but not who was holding it, according to the letter.\u003c/p>\n\u003cp>\"He yelled commands and fired several shots where he believed the subject with the rifle would be standing,\" the summary says. After the first barrage of gunshots, both men were lying on the ground and officers commanded them to show their hands.\u003c/p>\n\u003cp>\"The first white male complied; however, the second male was seen reaching for the rifle,\" the letter says. \"The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\n\u003cp>Oakland-based civil rights attorney Michael Haddad, who is representing Jeremiah Moore's parents in a federal wrongful death lawsuit against the city, says the district attorney's review does not affect the lawsuit.\u003c/p>\n\u003cp>\"It doesn’t even make sense,\" Haddad said, \"and it conflicts with the press release initially offered by the Vallejo Police Department.\"\u003c/p>\n\u003cp>The department initially reported that a man with a rifle appeared and \"placed the barrel of the rifle directly against an officer's stomach.\" Another officer \"immediately discharged his firearm at the man with the rifle. The man with the rifle fell to the floor and was taken into custody,\" the initial police statement says.\u003c/p>\n\u003cp>\"They don’t mention the final two shots that now the DA report talks about,\" Haddad said.\u003c/p>\n\u003cp>\u003cem>Neighbor Marvin Clouse's camera did not capture much visually about the incident, but listen below to the audio of the first round of gunshots followed several seconds later by two final shots. This audio is graphic. KQED has made no internal edits to the sound clip.\u003c/em>\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/143585887&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/143585887'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Haddad said the evolving narrative about the incident piques his interest in Jeremiah Moore's autopsy, which has remained sealed by Vallejo police. A representative for the Solano County coroner confirmed Moore's autopsy remains \"protected\" by order of the Vallejo Police Department, despite the conclusion of the district attorney's investigation.\u003c/p>\n\u003cp>Vallejo police did not return calls inquiring about the status of the coroner's report and seeking an explanation of the protocol for the presence of an off-duty \"ride along\" officer who it appears was from another Bay Area police department, which also did not return calls seeking confirmation.\u003c/p>\n\u003cp>The district attorney's summary also seems to contradict statements from Jaime Alvarado, a witness who says he watched the scene play out from his upstairs window across the street.\u003c/p>\n\u003cp>Alvarado told KQED that an officer at the base of the steps to the home fired several shots at a naked man with his hands up standing in the doorway. Alvarado estimated the officer was 8-10 feet away from the man when he fired.\u003c/p>\n\u003cp>Haddad said the district attorney's conclusions don't change anything about the Moores' lawsuit.\u003c/p>\n\u003cp>\"Even though the DA won't hold officers accountable, we can,\" Haddad said.\u003c/p>\n\u003cp>The investigation was completed during a lame-duck period for outgoing Solano District Attorney Don du Bain. He was unseated in the June primary election by Krishna Abrams, a top prosecutor within the office who campaigned on strong support from county law enforcement agencies and attorneys. She \u003ca href=\"http://www.timesheraldonline.com/news/ci_25317390/krishna-abrams-announces-candidacy-district-attorney\" target=\"_blank\">criticized ethics\u003c/a> within the office following a \u003ca href=\"http://www.thereporter.com/crimebeat/ci_25188139/former-solano-county-pathologists-records-released\" target=\"_blank\">controversy\u003c/a> involving prosecutors, police and the former county medical examiner. Abrams is scheduled to take office Jan. 5, 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California Removes Outdated Mental Health Terms From Laws",
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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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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
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"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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},
"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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},
"science-friday": {
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"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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},
"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
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